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(영문) 제주지방법원 2019.05.24 2018고단579
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for four 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

[criminal record] On February 28, 2018, the Defendant was sentenced to a suspended sentence of two years for eight months due to a violation of the Road Traffic Act (LA) at the Jeju District Court on February 28, 2018, and the judgment became final and conclusive on March 8, 2018.

[Criminal Facts] By January 2018, the Defendant was aware of the password of the escape cell entrance, working as an employee of C in Jeju City from the end of January 2018.

1. On February 12, 2018, at night, the Defendant: (a) divided the password of the entrance door of a sloping room, which was already known on the first floor of the above main point, into the sloping room; and (b) intruded into the sloping room; and (c) stolen the victim D (the age 21)’s market price owned by the victim D (the age 21) with a 400,000 won listed in the sloping room.

2. The Defendant attempted to larceny, at the time and place specified in paragraph (1), had the key to the victim’s letoba in the main money in custody of the victim E (the age of 32) for the purpose of thefting things located in the victim E (the age of 32), and did not commit an attempted theft even though the FOba was laid to rest in the underground parking lot and the FObab, which was parked in the underground parking lot, did not lead to the Defendant’s failure to commit a theft.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Each entry in the D and E statements;

1. Entry into an investigation report (C CCTV video verification) prepared by the prosecution;

1. Each image of a photograph;

1. Previous records: Application of the Acts and subordinate statutes to the investigation report (including attached documents) prepared by the prosecutor's office to the prosecutor's office;

1. Article 33 of the Criminal Act and point of Article 1 of the judgment of the choice of punishment: Articles 342 and 329 of the Criminal Act;

1. Handling concurrent crimes: latter part of Articles 37 and 39 (1) of the Criminal Act (trades of violations of the Road Traffic Act in the first head of the judgment with which each crime and judgment at the time of the market become final and conclusive);

1. Aggravation for concurrent crimes;

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