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(영문) 청주지방법원 2021.01.27 2020고단640
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 15, 2020, the Defendant: (a) around 22:00, the Defendant: (b) went into the D community hall managed by the victim C in the Heung-gu, Chungcheongnam-gu; (c) around 15, 202, the Defendant: (a) opened a window (fence 60cm in width, 100cm in length) which was not corrected in the building; (b) invaded into the community hall; and (c) stolen with cash worth KRW 10,00,000, which was managed by the victim C, who was in the head of the village hall, and was in the head of the village hall.

2. On March 16, 2020, the Defendant attempted to larceny at night buildings: (a) was a D community hall managed by the victim C in Heung-gu, Goak-gu; (b) around 18:50 on March 16, 202, the Defendant opened a window (fence 60cm in width, length 100cm in length) which was not corrected for the purpose of stealing the said building for the purpose of cutting off the said building; and (c) did not commit an attempted crime, even if the Defendant was aware of the victim’s invasion upon the said building and did not commit it.

Summary of Evidence

1. Statement made by E in the police interrogation protocol for the accused;

1. Application of C’s written laws and regulations

1. As it is apparent that an omission has been made in the indictment under Article 330 of the Criminal Act (a thief by intrusion upon a structure at night) and Article 342 of the Criminal Act regarding the crime, an ex officio addition is made.

§ 30. Attempted larcenys

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;

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