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(영문) 서울북부지방법원 2016.04.08 2015고단3807
야간건조물침입절도미수등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months and a fine of up to 1.5 million won.

If the defendant fails to pay the above fine, money is made.

Reasons

Punishment of the crime

[Criminal Records] Cases: Details of the judgment of the Seoul Northern District Court on the crime of intrusion upon residence on July 18, 2014: The date of termination of the execution of imprisonment with prison labor for April: the termination of the Sungdong Detention House on November 13, 2014 / [criminal facts]

1. On October 14, 2015, around 19:20 on October 14, 2015, the Defendant attempted to larceny a structure at night, and came to be owned by the victim D in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and came to an attempted crime without having a fire that gets to be destroyed by a fluor on the floor while turning on a disposable gate, which was in his possession in order to steals a second half of the wall, and cutting on a secondhand water, etc. into the lower part of the wall, and cutting on the water, etc., and then cutting on the water, etc. on the floor.

2. At the above time and place, the Defendant was obliged to draw up the refluor by turning on the refluor, as seen above. At that place, the Defendant was obliged to pay attention not to move fire because there were inflammable objects, such as paper, divers, etc., but he neglected to do so, put the refluence into the paper located on the floor of the refluor by using the refluor, with the refluence of the refluor, and put the refluor to the entire lower part of the counter-fluor.

Ultimately, the Defendant, by the foregoing negligence, destroyed all the lower parts of the lower parts of the housing site, which is the market price of the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to E and F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 342, 330, 170 (1), and 166 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 Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing guidelines set forth in Article 334 (1) of the Criminal Procedure Act by the order of provisional payment: Imprisonment with prison labor for not more than ten years (an attempted larceny of a structure intrusion at night), and a fine not exceeding 15 million won: Imprisonment with prison labor for not more than 10 years; six months and a fine;

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