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(영문) 창원지방법원 마산지원 2015.04.28 2015고단251
절도미수
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1, 2, and 3 shall be confiscated.

Reasons

Punishment of the crime

On August 16, 2013, the Defendant was sentenced to one year of imprisonment with prison labor in the Gwangju District Court for larceny, etc. and completed the execution of the sentence in the Gwangju Prison on May 28, 2014.

The Defendant, with the aim of preparing living expenses, sentenced to theft of money and valuables from another person’s vehicle from around 04:10 on March 20, 2015 to around 04:20 on the same day, was parked at the D apartment parking lot located in Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, and discovered a hyst First car owned by the victim E, who was parked at the same place, and the hyst car was kept in his/her hand with the hyst car with the hyth string of the driver’s seat, carried the hyst car with the driver’s seat hyst, removed the corrective device, opened a driver’s seat, and tried to dyst off the vehicle with the wind that can be stolen inside, and did not carry the hyst to such an attempt without the intention, and opened the hyst car in the same order as the victim’s hyst car and the victim’s hyst in the order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to E, G, and K;

1. Records of seizure and the list of seizure;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Articles 342 and 329 of the Criminal Act; the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Criminal Code of Confiscation is that the defendant is divided into his mistake and does not cause damage by committing an attempted crime, but the defendant can have the same record of crime, and is a criminal committed during the period of repeated crime for the same kind of crime, and does not reach an agreement with the victims.

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