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(영문) 대구지방법원 김천지원 2016.08.24 2016고단698
특수절도미수
Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

The Defendants jointly committed the crime of “2016 Madan698”- The Defendants: (a) enter the studio without any person, stolen articles; (b) reported that the windows of the subparagraphs of the above Ba of the victim E were opened on May 27, 2016 at around 14:00, and (c) infringed on the house through the window leashing the gas pipe installed in the above Ba, while viewing the network of Defendant A.

Defendant A continued to enter this place through the entrance of the above subparagraphs, which Defendant A opened by Defendant B, and the Defendants did not commit an attempted crime because they did not commit a stolen object, such as spambling, spambing, etc. of an inner or living room.

As a result, the Defendants jointly tried to steals goods owned by the victim, but did not commit an attempted crime.

On May 27, 2016, Defendant B infringed upon the victim G management “H” in the Gumi-si F on May 27, 2016, by the following door: “Around 02:51 on May 27, 2016, the Defendant committed a single crime under Defendant B: (a) was invaded by the victim G management of Gumi-si; (b) brought about a non-marketed safe of the market price of KRW 300,000,000 in cash owned by the victim in the Kami-si; and (c) was stolen by the summary of the evidence.

1. Defendants’ respective legal statements

1. Written statements of I and E;

1. "Report on internal investigation (as regards attachment of photographs), 2016 Highest 943";

1. Statement by the defendant in court;

1. G statements;

1. Application of the Acts and subordinate statutes to a investigative report (Attachment of a photograph by cutting off on-site CCTV);

1. Defendant A of the pertinent legal provisions pertaining to criminal facts: Articles 342, 331(2) and 331(1) (special larceny) of the Criminal Act; Defendant B: Articles 342, 331(2) and 331(1) of the Criminal Act (special larceny) of the Criminal Act; and Article 330 of the Criminal Act (a thief in intrusion upon a structure at night);

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

1. Reduction of volume (defendants) Articles 53 and 55(1)3 of the Criminal Act

1. Article 62(1) of the Criminal Act, which provides a suspended sentence (the Defendants)

1. Protective observation and community service order (the Defendants) under Article 62-2 of the Criminal Act.

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