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(영문) 서울남부지방법원 2018.06.08 2017고단1628
절도미수
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

"2017 Highest 1628"

1. The Defendant was parked at the front side of Yeongdeungpo-gu Seoul Metropolitan Government around 01:50 on March 16, 2017, and was parked there.

C halogen golf cars discovered, and opened a door of the said car that was not corrected by a cresh that was neglected surveillance, and found a stolen object, but it was attempted by the wind that was discovered to the victim D.

"2018 Highest 1158"

2. On March 10, 2018, around 21:10, the Defendant discovered a victim F’s Glearning car parked at the first floor parking lot in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and found the victim’s Glearning car that was parked therein, and did not correct by using any gaps in the surrounding surveillance negligence, and found the victim’s object to be stolen by opening the top door of the said car that was not corrected, and then was discovered and attempted by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute of the D and F

1. Relevant Article 342 of the Criminal Act and Articles 342 and 329 of the Criminal Act and the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Taking into account the following factors: (a) the number, content, and frequency of the crime with reason for sentencing in Article 62-2 of the Criminal Act, and the criminal records of the defendant; and (b) the fact that some victims have agreed to do so; and (c) the sentence identical to the order shall be imposed by taking into account the following factors: (a) the defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime; and (b) the overall sentencing conditions

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