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(영문) 대전지방법원 2016.12.22 2016고단1933

야간건조물침입절도미수

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

After leaving Korea, the Defendant entered the Memorial Hall in 56 weeks of the Korea National University, in order to prepare living expenses, and stolen cash.

1. On June 5, 2016, at around 20:47, the Defendant intruded into the second reading room on the third floor of the third floor of the memorial hall at Hannam-gu, Taenam-gu, 70 weeks at Hannam-gu, 56 weeks, and then the victim B (the South and the age of 23) followed the other victim's bank crebs in the bank, thereby printing the other victim's bank crebs, but the Defendant did not commit an attempted act without cash.

2. On June 16, 2016, the Defendant invadedd on the 47th floor of the Memorial Hall of Korea-Namnam University in 56 weeks, 56 weeks, and then attempted to commit a crime, i.e., the victim C (Nam, 25 years of age) following another victim’s bank creb in the door of the bank, and then colored the victim’s bank creb, but did not bring about a cash to the attempted crime, but did not bring the victim’s bank crebs of the victim’s bank creb, and did not take account of the fact that the victim D (son, 21 years of age) was seated next to the bank, but did not take account of the fact that there was no cash.

Summary of Evidence

1. Statement by the defendant at the fourth trial date;

1. Each written statement B, D, and C;

1. A report on investigation;

1. Investigation report (report on investigation results on specific circumstances, etc. of a suspect);

1. Investigation report (to hear statements by telephone, such as a suspect and victim);

1. A report on investigation (a CCTV investigation at a place of committing a crime);

1. 범행장면이 쵤영된 CCTV 영상 CD

1. Application of Acts and subordinate statutes, such as CCTV photographs, to each suspect;

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

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

1. Article 62(1) of the Criminal Act of the suspended sentence applies to the Defendant committed the instant crime, the Defendant committed the instant crime again despite the fact that the Defendant was sentenced to the suspension of indictment on the same content as the instant crime on October 10, 2014, and the Defendant committed the instant crime, even though he/she was sentenced to the suspension of indictment on the grounds that there was no actual damage caused by the instant crime, and that the Defendant committed the instant crime.