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(영문) 서울동부지방법원 2014.10.10 2014고단2730
특수절도미수
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

At around 00:10 on September 8, 2014, the Defendant: (a) at the luminous middle school located in 64:45-gil-gu Seoul Special Metropolitan City, access the window of the school office, opened the crime prevention room by hand; (b) opened the broom glass in the vicinity of the school office; (c) intruded into the broom through the broom, and opened the broom glass through the string window; and (d) opened and stolen the broom and the string of the books, the Defendant received the intrusion warning, and was discovered to the compact staff dispatched.

Accordingly, the defendant attempted to steals another person's property by destroying a part of a structure at night and impairing a structure.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Each written statement prepared C and B;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 342, 331 (1), and 330 of the Criminal Act applicable to the facts constituting an offense;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (including the fact that an attempted crime is committed, the fact that there is no previous record of a fine due to a crime committed once every time, the fact that there is no previous record of a fine due to a crime committed,

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

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