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(영문) 대구지방법원 경주지원 2016.11.24 2016고단282 (1)
특수절도미수등
Text

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

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 31, 2016, the Defendant was sentenced to imprisonment with prison labor for six months and two years of suspended execution for the commission of stolen goods in Daegu District Court and racing support, etc. and for the same year.

4. 8. The judgment became final and conclusive.

1. Co-defendant C and D separated from the Defendant around 02:00 on July 18, 2015, with “G” restaurant operated by the Victim F located in E, the Defendant and C reported the network from the roadside, and D, with a cafeteria’s window attached to the restaurant glass, put the locked window by putting it down in a cafeteria with a hand, and then entered the cafeteria, with a total of KRW 50,000 won of cash on the Kacter owned by the victim, and cut off the 50,000 won of the market value.

Accordingly, the defendant stolen another's property together with C and D.

2. The Defendant and C, and C, around 03:25 on the 18th of the same month, were to be “J” restaurant operated by the victim I at H on the racing-si, and the Defendant and C, as above, met the network, and D, when entering a restaurant in the above manner, had the security company alerted.

Accordingly, the defendant tried to steal another person's property in collaboration with C and D, but did not bring about such intent, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused, C, or D;

1. A written statement of I and F;

1. A photograph of damaged articles, a photograph of CCTV images to be cut, each investigation report (Attachment to the CCTV shield, on-site photograph, etc.), the screen of the CCTV-cape, each on-site identification report, and each on-site photograph;

1. Previous records of judgment: Criminal references, references to criminal records, reports on the results of confirmation before and after dispositions, search of consolidated cases, and application of statutes governing judgment;

1. Article 331(2) and (1) of the Criminal Act applicable to the relevant criminal facts, and Articles 342 and 331(2) and (1) of the Criminal Act (a point of attempted special larceny) of the Criminal Act;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39(1) of the Criminal Act and Article 55(1)3 of the same Act shall apply to mitigation following the treatment of concurrent crimes;

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