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(영문) 춘천지방법원 강릉지원 2019.05.02 2019고단327
야간주거침입절도미수
Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

[criminal power] On September 4, 2018, the Defendant was sentenced to one year of imprisonment with prison labor and three years of suspended execution due to larceny, etc. at the general military court of the Army Group of the 8th Army, which became final and conclusive on September 12, 2018.

【Criminal Facts】

The Defendant, under the influence of alcohol, fluenced on a mobile phone flusing on another person’s property in B B in the East Sea, flusing the inside of the parked vehicle and fluoring on the hand of the vehicle, and flusing on the subject, fluenced the vehicle. On March 8, 2019, around 03:56, the Defendant went to the residence of the victim C in the East Sea, opening the gate, the entrance door, the inside door, and the inside door, which were not corrected, but went to the residence. However, the Defendant flusing in the mast ward and flus, flusing the victim and glus with the victim.

Accordingly, the defendant did not commit a theft of another person's property due to intrusion upon a human habitation at night, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Each investigation report (specific suspect's specific, attaching CCTV-cap photographs inside the main office of "G", attaching a suspect's clothes, attaching a suspect's clothes photograph, attaching CCTV images for the purpose of crime prevention that attempts the theft of vehicles, attaching a photograph of the CCTV for the purpose of crime prevention, and confirming the moving line before and after the suspect's crime);

1. Each internal investigation report (Attachment of CCTV images for the purpose of crime prevention and other closure photographs, attach photographs to the CCTV for the purpose of crime prevention of the victim's escape route, confirm the addition of CCTV for the purpose of crime prevention of the victim's escape route and private CCTV, attach photographs to the CCTV for the purpose of crime prevention of movement of the vehicle on which the suspect boards);

1. Each closure photograph and CD image;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Circumstances unfavorable to the reasons for sentencing under Articles 342 and 330 of the Criminal Act regarding criminal facts: The defendant has a record of having been sentenced to a suspended sentence of imprisonment twice for the same crime, and even though he was given a grace period due to a suspended sentence of imprisonment, he/she also committed the same kind of crime.

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