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(영문) 부산지방법원 서부지원 2018.02.08 2017고단1684

야간건조물침입절도미수등

Text

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.

Reasons

Punishment of the crime

1. An attempted thief who intrudes on night buildings;

A. On July 22, 2017, at around 03:00 to 03:30, the Defendant: (a) was a “D” restaurant operated by the injured party C, located in Busan Seo-gu, with the entrance of the above restaurant in his/her hand, and did not commit an attempted attempt, even though he/she was unable to enter the restaurant due to the correction of the text.

B. On July 22, 2017, at around 03:00 to 03:30, the Defendant continued to commit an attempted crime in the “G” restaurant operated by the victim F of the victim F of the Busan Western-gu, with the intention of theft of money and valuables, and the above restaurant entrance was left by hand, but the door was not corrected.

2. On July 22, 2017, the Defendant: (a) around 03:31 on July 22, 2017, the Defendant: (b) opened a 'J’ restaurant operated by the victim I located in H located in the Busan Y; (c) opened an unrecepted window; and (d) intruded into the said gate, and stolen the 150,000 won in cash, which was kept in the Kater’s safe.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C, F and I’s written laws and regulations;

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

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. The reasoning for sentencing under Article 62-2 of the Social Service Order Criminal Act is the primary offender, the damage is minor, and the defendant's age, sex, environment, motive, means and consequence of the crime, etc. are considered and sentenced as the disposition by taking into account various sentencing conditions as shown in the argument of this case, such as the circumstances after the crime.