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(영문) 춘천지방법원 2018.06.19 2018고단441
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

Seized No. 1 (blades) shall be returned to the victim N.

Reasons

Punishment of the crime

1. On April 27, 2018, the Defendant, at night, stolen a knife (the blade length of 250,000 won) with a knife (the blade length of 70,000 won) owned by the victim N on the front side of the “P cafeteria” operated by the victim N, which was located in Gangseo-gu Yang-gun, Yangwon-gun.

2. From around 14 minutes before the same day, the Defendant: (a) took a stolen blade from the front day of the said restaurant to around 730 meters from the 730-meter distance; (b) taken the said victim Q (43 tax) and R (46 tax); (c) sought the said victim Q (43 tax). However, the victims attempted to escape.

Summary of Evidence

1. Statement by the defendant in court;

1. Police statements made to Qu, R, T, N, and U;

1. Records and photographs of seized articles;

1. The application of Acts and subordinate statutes on CCTV-type photographs (the verification of the list of 112 reported cases), investigation reports (the point from which knife and the point from which the knife is discovered, etc.), and CCTV-type photographs;

1. Article 330 of the Criminal Act (the point of larceny of a structure at night), Articles 286 and 284 of the same Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Non-Intimidation of each Special Intimidation);

1. Selection of imprisonment with prison labor for a crime of failing to make special intimidation in choosing a punishment;

1. Mitigation of attempted punishment: Articles 25(2) and 55(1)3 of the Criminal Act;

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. The reason for sentencing of Article 333(1) of the Return Criminal Procedure Act lies in the victim Q Q, R and Si reserve with a knife, which is a dangerous thing in the victim Q, R and Si reserve, and then there was a commencement of intimidation by the victim for about 14 minutes.

assessment may be conducted.

The sentence of imprisonment with prison labor shall be imposed on the accused taking into account the nature of the crime of larceny of at night buildings, the risk of the act of threatening, the violence of the accused, etc., which are prescribed by imprisonment with prison labor.

However, it is an contingent crime.

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