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(영문) 광주지방법원 2018.10.12 2018고단2537
절도미수
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On June 9, 2018, around 03:08, the Defendant attempted to steal money and valuables in E-mailed vehicles owned by the victim D, parked in C, on June 9, 2018, the Defendant: (a) opened a door to remove the correction device; (b) failed to find money and valuables to be stolen; and (c) failed to comply with such intent.

2. On June 13, 2018, the Defendant, in order to steal money and valuables in GM525V vehicles owned by the victim F, parked in the factory sites listed in paragraph (1) around 02:09, the Defendant left the vehicle with the driver’s seat knife, but failed to carry out such intent due to the lack of door.

3. On June 13, 2018, around 02:30, the Defendant: (a) displayed a vehicle parked in order to steal money and valuables in a gold-ro 8-giled public parking lot located in the gold-ro, Geumsung-si; (b) left the victim H’s knish knife and knife the driver’s seat of the knife vehicle and the knife knife vehicle owned by the victim J, but failed to implement the attempt because the knife was not opened.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, D, and F;

1. A investigation report (CCTV reading, etc.);

1. A copy of the CCTV control log;

1. Application of Acts and subordinate statutes on closure photographs;

1. Articles 342 and 329 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. In light of the former part of Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, there are several criminal convictions for the same reason for sentencing, as well as the fact that each of the instant crimes was committed during the period of suspended execution of the same crime, and that the frequency of the crimes was high and repeated crimes, a strict punishment is inevitable.

The sentence takes into account the favorable circumstances such as the fact that all of the crimes are committed in the attempted crime and the fact that the crime is recognized and reflected, and the sentencing conditions as shown in the arguments, such as the defendant's age, sex, home environment, motive and circumstance of the crime, and circumstances after the crime.

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