(영문) 광주지방법원 2017.12.07 2017고단4311

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Reasons

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자간(%)

(영문) 광주지방법원 2017.12.07 2017고단4311

야간건조물침입절도등

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The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal facts

1. Larceny of intrusion on night buildings;

A. On February 25, 2017, around 00:23, the Defendant: (a) invadedd the victim D’s gaps in the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building; (b) thereby

B. On July 1, 2017, around 03:00, the Defendant: (a) invadedd the gap of the victim D’s surveillance over the C commercial building as stipulated in paragraph (1) by using the gap; (b) caused the victim’s market price in that place; (c) up to KRW 180,00,000 in total; (d) up to KRW 180,000,000 in the victim’s market price; and (d) stolen the same.

2. On July 22, 2017, the Defendant attempted to larceny at night buildings: (a) around 22:20 on July 22, 2017, at the new site of a house located in Yong-gun E in Yong-gun, leaving the house, frying steel plates and wooden plates; (b) went into the fry, and, (c) did not cause the victim to have any unclaimed water and food with the market price owned by the victim F, who was in the air conditioning station, and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement F and D;

1. Photographs;

1. Application of Acts and subordinate statutes to investigation reports (CCTV verification);

1. Relevant Article 330 of the Criminal Act concerning the crime (a thief by intrusion on a structure at night), Articles 342 and 330 of the Criminal Act (a person who attempts to larceny intrusion on a structure at night);

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. Four months of the suspended sentence;

1. Article 59 (1) of the Criminal Act (Article 59 (1) of the suspended sentence (Article 59 (1) of the Criminal Act shall apply to cases where the defendant has a low intellectual ability due to mental delay

참조조문

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