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(영문) 광주지방법원 순천지원 2018.09.03 2018고정193

절도미수등

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 18, 2018, the Defendant was sentenced to imprisonment with prison labor for at night building intrusion larceny, etc. in the Gwangju District Court's Netcheon Branch on January 18, 2018, and the said judgment was finalized on April 26, 2018.

1. On September 3, 2017, the Defendant invadedd a structure into the said restaurant through the entrance that was operated by the victim C in lightyang-si B around 07:55 on September 3, 2017, and had not been corrected in mind that property would be stolen, and infringed on the structure of the victim.

2. The defendant shall not take measures against the victim C, whose market price is equivalent to 1,700 won, owned by the victim C, at the time, and at the place, under the preceding paragraph.

In the meantime, the victim was dismissed from the victim's will and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Before judgment: Application of Acts and subordinate statutes to the defendant's legal statement and court rulings bound in court records (Seoul District Court Decision 2017 High Court Decision 2893 High Court Order 2017 High Court Decision) and the results of case search;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Articles 342 and 329 of the Criminal Act, and the choice of fines for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same 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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The punishment shall be determined as per the order, taking into consideration the fact that goods damaged by reason of the sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment have been returned, the equality in cases where a judgment is concurrently subject to punishment, theft of intrusion into night structures and larceny at the same time, etc.