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(영문) 광주지방법원 2019.10.16 2019고단3044
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. From August 8, 2019, the Defendant: (a) around 01:30 on August 2, 2019, the Defendant: (b) opened and intruded into a string window operated by the Victim C, the victim C in Gwangju Mine-gu; (c) laid down a 20,000 won of cash owned by the victim and stolen the 20,000 won in total on four occasions from that time, from that time to August 8, 2019.

2. On August 9, 2019, the Defendant, who attempted to larceny at night buildings, was arrested by a police officer dispatched to the site upon receiving a report to the effect that “I want to steal the cash in a bank located on a table, but I attempted to steal the said bank,” by opening an unlocked main window at the place specified in the foregoing paragraph 1(1) at night, and by intrusion upon the inside, the Defendant attempted to commit an attempted theft.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of C’s Written Statements (No. 2) Acts and subordinate statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense (the points of larceny of night buildings), Articles 330 (the points of larceny of night buildings), 342 and 330 (the points of attempted larceny of night buildings) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act - Reasons for suspended sentence - A favorable circumstances: The fact that the defendant acknowledges his/her mistake, the defendant has no record of punishment outside of punishment for a fine once for another type of crime, the fact that the defendant appears to be a living crime, the fact that he/she has agreed with the victim - The fact that the defendant has repeatedly committed larceny

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