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(영문) 수원지방법원 평택지원 2014.08.13 2014고단725
절도미수
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. At around 03:00 on March 6, 2014, the Defendant attempted to steals money and valuables by opening a 130-use apartment 106 parking lots in the victim B, which were parked in the 130-use apartment 106 front of the 130-use apartment 106 parking lots, but did not receive money and valuables to be stolen. However, the Defendant did not receive money and valuables from the victim B due to the absence of a vehicle door, and did not commit an attempted crime.

2. The Defendant attempted to larceny the money and valuables to be stolen by opening the victim D’s Esch Rexton car at the date, time, and place of the above paragraph (1). However, even though the Defendant attempted to steal the money and valuables by opening the victim D’s Esch Rexton car, the Defendant did not commit an attempted crime due to the lack of vehicle door.

3. The Defendant attempted to larceny money and goods to be stolen by opening the victim F’s G K3 car k3 car at the date and place of the above one (1). However, the Defendant attempted to steal money and goods by using the means of opening the victim F’s G k3 car hand, but did not go through the Defendant’s attempt because the vehicle door was not opened.

4. The Defendant attempted to larceny the money and valuables to be stolen by opening the victim H’s I high-priced car car car car car car at the time and place of the above one (1). However, the Defendant attempted to steal the money and valuables, upon receipt of a report, but did not arrest the police officer of the GJ district of the Ansan Police Station, dispatched to the police officer of the JJ district, and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B and H;

1. Each statement of D and F;

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

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

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Recommendations and penalties for the sentencing guidelines (decision of types of punishment), theft group, general property, theft and second types (the scope of recommending punishment) (the scope of recommending punishment) imprisonment for six months or more to one year and six months (the basic area and no special mitigation person shall be included);

2. The defendant who rendered a sentence recognized the facts charged of this case.

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