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(영문) 전주지방법원 군산지원 2017.04.21 2016고단1096
야간건조물침입절도미수등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 19, 2011, the Defendant was sentenced to four years of imprisonment with prison labor on night buildings, theft, etc. at the Gunsan Branch of the Jeonju District Court, and completed the execution of the sentence at the Jeonju Prison on May 25, 2015, and the Defendant completed the execution of the sentence at the Jeonju Prison on July 30, 2016, “The Defendant, 2016 Highest, 1096, on July 21:08, 2016, was in the building of the apartment building in Simsan-si, Simsan-si, Simsan-si, Simsan-si, having a view to theft, and opened the entrance doors of the commercial building inside, but all of the doors are closed, and it did not enter the commercial building and opened the windows outside the building outside the building, but did not commit so.

On October 14, 2016, the Defendant: (a) from around 22:00 to 22:30 on October 14, 2016, 2016, the Defendant: (b) caused the victim E-house located in Gunsan City; (c) destroyed the victim’s house and the inner glass door by bluoring the victim’s house and bluoring it into a bluor; and (d) opened the bluorg network installed in the inner glass door, the Defendant attempted to steal the property by intrusion into the inner house, resulting in the victim’s intrusion into the inner house, but failed to discover the goods at that place; and (c) failed to complete the attempt.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of F and E;

1. CCTV photographs around the site of the case;

1. Application of statutes on site photographs;

1. Articles 342, 330 (a) and 342, and 331 (1) (a person who attempts to larceny a building at night) of the Criminal Act concerning facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate small quantities (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 200

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