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(영문) 대구지방법원 포항지원 2019.07.04 2019고단423

특수절도미수등

Text

The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 26, 2018, around 03:15, the Defendant: (a) entered into the “D” car page of the victim C’s operation located in North-gu, Northern-si, Mapo-si; (b) and (c) entered into the bank through a page on the open page; and (d) 50,000 won of the victim’s right, which was kept in custody, 5,000 won of the 50,000 won of the 15,000 won of the 15,000 won of the 15,000 won of the lab.

Accordingly, the defendant invadedd a structure at night and stolen another's property.

2. At around 00:10 on December 3, 2018, the Defendant: (a) went to the “G beauty room” of the victim F operation in North-gu E at port-si, North Korea-si; and (b) left the window to the beauty room and found any things to be carried by him; (c) however, the Defendant did not find it.

Accordingly, the defendant attempted to steals another's property by destroying door at night and impairing a structure.

3. On December 3, 2018, around 00:14, the Defendant: (a) went to the “J” in the victim I management of the victim I located in the north-gu Ha at port at port; (b) and (c) entered the 2nd floor warehouse of the said Mat; (d) however, the Defendant did not enter the said Mat and went to the said Mat.

Accordingly, the defendant invadedd a structure at night and attempted to steals another's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement;

1. Application of each statute on photographs;

1. Relevant provisions of the Criminal Act concerning criminal facts: Article 330 of the Criminal Act; Articles 342 and 331 (1) of the Criminal Act; Articles 342 and 330 of the Criminal Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: Imprisonment for six months to seven years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (eventime building intrusion theft) (a decision of type).