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(영문) 광주지방법원 목포지원 2018.02.20 2015고단1765

야간건조물침입절도미수

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

On October 26, 2015, around 22:55, the Defendant: (a) opened the entrance door of the front of the “D” package run by the victim C, which was operated by the victim C; (b) opened the door; and (c) obstructed the windows inside the inside of the container; and (d) fleded the object of theft, and did not lead to an attempted crime, even if the Defendant fleded with the string of the string of the “D.”

Summary of Evidence

1. A protocol concerning the examination of the accused;

1. Application of Acts and subordinate statutes to seizure records and photographs of damaged places;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 48(1)1 of the Confiscation Criminal Act include: (a) the fact that the Defendant prepared the tools to commit the instant crime in advance and led to the instant crime; (b) while recognizing the said crimes by an investigative agency; (c) the fact that the instant crime is committed against the attempted crime; and (d) the fact that there was no record of having been punished for the same kind of crime, consideration shall be given