logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.11.27 2014고단4315 (2)
특수절도미수
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant, B, and C (hereinafter “Defendant, etc.”) around August 23, 2014: (a) around 01:56, at the street in front of Daejeon-dong, Daejeon-gu, Daejeon-gu, the victim E, parked therein, set aside a FNFet other car owned by the victim E; (b) on the part of the vehicle, the Defendant reported the network; and (c) on the part of the Defendant, the Defendant left the vehicle door, but did not bring it out.

Accordingly, the defendant et al. tried to steals the victim's property and attempted to commit the crime.

2. On August 23, 2014, around 01:56, the Defendant et al.: (a) placed in front of the Daejeon Dong-gu Daejeon-gu, the Defendant et al.: (b) placed the victim H’s car at the seat; (c) placed the vehicle with goods inside the vehicle; (d) reported the network; and (e) placed the vehicle door in his/her hand, but failed to achieve that purpose.

Accordingly, the defendant et al. tried to steals the victim's property and attempted to commit the crime.

3. On August 23, 2014, the Defendant, etc.: (a) around 01:56, at the street in front of the Daejeon Dong-gu, Daejeon; (b) Down to the KS5 car owned by the victim J; (c) reported the network to move with goods inside the vehicle; and (d) the Defendant, in his/her hand, left the door of the vehicle, but did not bring it out.

As a result, the Defendants jointly attempted to steal the victim's property and attempted to commit it.

Summary of Evidence

1. A protocol concerning the examination of suspect against the accused, B, or C;

1. A written statement of E and H;

1. Reports on internal investigation (victim J phone statement);

1. Application of Acts and subordinate statutes to photographs of crime scene;

1. Articles 342 and 331(2) and (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are the attempted crimes; the frequency of crimes; the details and degree of participation; criminal records (such as juvenile protective disposition 8 and 9 due to the same criminal conduct, etc.); the progress of trial; the age, character and conduct of the accused; and all the various conditions of sentencing, including the environment, shall be determined as the same as the order, taking into account the following factors:

arrow