야간건조물침입절도미수등
A defendant shall be punished by imprisonment for six 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.
Punishment of the crime
1. On February 19, 2018, the Defendant attempted to larceny a structure at night, and committed an attempted crime without having been discovered by the victim C, who had been divingd in the above restaurant, on or around February 19, 2018, up to several occasions, the entrance doors corrected to steals the article in question, which were operated by the victim C in the south-gu, Nam-gu, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-do.
2. The Defendant attempted to larceny, at around 04:40 on the foregoing day, when there is cash inside the vehicle parked in the south-gu, Nam-gu, and the way in which the vehicle was parked, the Defendant left the door of the victim F vehicle owned by the victim F for the purpose of stealing it. However, the Defendant failed to carry out such intention due to the lack of the door.
Summary of Evidence
1. Statement by the defendant in court;
1. Each police statement with respect to C and F;
1. Application of the Acts and subordinate statutes to photographs by capturing CCTV images;
1. Relevant legal provisions of the Criminal Act and Articles 342, 330 (Attempted Larceny at Night) of the Criminal Act concerning criminal facts, Articles 342, 329 (Attempted Larceny) of the Criminal Act, and choice of imprisonment with prison labor;
1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;
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 suspended execution;
1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;