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(영문) 수원지방법원 안양지원 2018.02.06 2017고단2058
특수절도미수
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, along with B, conspired with C and D to commit special larceny, by intrusioning upon restaurants, convenience stores, etc. at the new wall time, and by viewing the network within B and D, and by taking the role of thefting property by intrusioning upon Maart between B and C.

Accordingly, on September 15, 2017, the Defendant, along with B, C, and D, came to “G Mart” in the operation of the Victim F in Daejeon Pungdong-gu, Daejeon, on September 15, 2017. B and D reported the network within the vehicle parked in the left parking lot after E, and the Defendant, along with C, went to the front of the toilet window in the above building, but the Defendant was not aware of the victim and escaped.

Accordingly, the defendant did not commit a theft of another person's property in collaboration with B, C, and D, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of each protocol concerning the examination of suspects (one-time described) by the prosecution against B or C;

1. Application of statutes on field CCTV photographs;

1. Articles 331 (2) and 331 (1) and 342 of the Criminal Act concerning the facts constituting an offense;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act - Reasons for sentencing in favor of the defendant under Article 62(1) of the Suspension of Execution - A favorable circumstances: The fact that the defendant has recognized his/her mistake, that the crime was committed, and that the defendant committed an attempted crime; the defendant has a record of being punished by a fine due to larceny in 2016

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