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(영문) 대전지방법원 공주지원 2018.10.05 2018고단357
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On April 10, 2018, the Defendant attempted to larceny structures at night, including: (a) a 400,000 won in cash located in the west by opening an unlocked toilet window at around 01:0,00 on public holidays; and (b) intrusion upon the seeds; (c) from that time, until May 25, 2018, the Defendant attempted to steal 11,470,000 in cash by intrudeing the seeds of the damaged person at night, as described in the list of crimes in the attached Table; (d) the Defendant attempted to steals the goods by intrusion between the damaged person’s ploss at night on three occasions; (e) but did not find the stolen goods.

2. 재물 손괴 피고인은 2018. 5. 30. 01:38 경 제 1 항 기재 E에서, 천장에 설치된 CCTV를 발견하고 자신의 범행이 발각될 것을 우려해 CCTV 카메라와 모니터를 연결하는 선을 자르고 CCTV 카메라를 뜯어내고, CCTV 카메라와 모니터를 가지고 나가 부숴 파손하였다.

Accordingly, the defendant damaged CCTV camera and monitor that amounting to KRW 310,000 in total of the market price owned by the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. Application of the Acts and subordinate statutes governing CCTV images CDs;

1. Relevant legal provisions concerning facts constituting an offense, and Article 330 of the Criminal Act (a thief by intrusion upon a structure at night), Articles 342 and 330 (a thief by intrusion upon a structure at night) of the Criminal Act, and Article 366 of the Criminal Act (a thief by intrusion upon 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The execution of a sentence is suspended by taking into account favorable circumstances such as the protection and observation and the number of reasons for sentencing under Article 62-2 of the Social Service Order Act, but the total amount of damage is a small amount, the defendant's wrong recognition and reflects the defendant, the defendant agreed smoothly with the victim, and the defendant's primary offender, and the defendant's age, sexual behavior, environment, occupation, family relationship, motive and consequence of the crime, etc.

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