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(영문) 광주지방법원 2017.08.31 2017고단2071

야간건조물침입절도미수

Text

A defendant shall be punished by imprisonment for a period of two months.

Reasons

Criminal facts

On April 1, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Gwangju District Court on March 31, 2016, and the execution of the sentence was terminated on March 31, 2016, and on April 28, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Gwangju District Court Bapoon branch for ten months on July 13, 2017, and the judgment became final and conclusive.

On October 18, 2016, at around 20:06, the Defendant: (a) went to the security company’s employees and police officers sent out and attempted to commit a theft by intrusion into the E building, which is operated by the victim D, through the rear door of the E building operated by the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Investigation report (FF currency result);

1. Previous convictions: Inquiry into criminal history, investigation reports (verification of repeated crimes), case search data, and application of statutes of the judgment;

1. Articles 342 and 330 of the Criminal Act concerning the facts constituting the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;