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(영문) 대구지방법원 2017.10.17 2017고단4169
절도미수등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 6, 2017, at around 09:46, the Defendant attempted to steal an article from "D' for the operation of the victim C, which is located in the North Korean Racing-si," and used the gap in which the victim's surveillance is neglected, and then, the Defendant opened an unlocked kitchen and extracted the article from the tobacco display box in the place, and found the article that was stolen from the tobacco display box in that place, and did not bring about the intention by being discovered out of the victim and arrested.

2. The Defendant infringed upon the residence of the victim by going beyond the rear wall in order to steals the object at the above time and opening an unlocked kitchen and entering the house of the victim at the above time.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant legal provisions concerning facts constituting an offense, Articles 342, 329 (a point of attempted larceny) of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing in Article 62-2 of the Criminal Act for the observation of protection and observation, the punishment as ordered shall be determined by taking into account the following circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, such as the defendant's age, sex, environment, motive, means and consequence of the crime.

D. Unfavorable circumstances: Although the Defendant had been punished at least nine times (including actual punishment) for a crime under several laws identical to the instant crime, the Defendant again committed a second offense. favorable circumstances: The Defendant led to the confession of and reflect against the crime.

The theft crime was committed in an attempted attempt.

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