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대전지방법원 2017.08.24 2017고단2737

A defendant shall be punished by imprisonment for a term of one year and two months.


Punishment of the crime

On December 10, 2015, the Defendant was sentenced to one year from imprisonment with prison labor for larceny, etc. at Daejeon District Court on December 10, 2015 and was released on March 30, 2016 in the Daejeon Prison on parole on the execution of the sentence.

6. 12. The parole period expired.

On June 9, 2017, the Defendant: (a) opened a window that was not corrected behind the said restaurant and attempted to steals goods by intrusion into the restaurant operated by the victim D on June 23:15, 2017; and (b) did not intend to commit an attempted crime, even though the Defendant tried to steals goods by exposing into the said restaurant.

In addition, from that time until June 16, 2017, the Defendant: (a) invaded another’s building at night over a total of six occasions, such as the list in the annexed crime list, and subsequently attempted to steals things or to steals things worth KRW 1,184,500 in total; and (b) attempted to steal things.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, D, G, H, I, and J;

1. A protocol of seizure and a list of seizure;

1. Each criminal branch (Nos. 1, 7, 10, 16, 19, 22).

1. Each investigation report (No. 2, No. 28 of the evidence list);

1. Each report on internal investigation (No. 5, 14);

1. Reporting on occurrence of a disaster;

1. A report on the results of field identification;

1. Specific details of the amount of damage and specification of the market price of stolen goods;

1. Currency with a victim;

1. The photograph of each damaged scene (No. 4, 9, 13, 18, 21, and 24), CCTV images, and photographs at the arrest site;

1. Previous convictions: Confirmation of criminal records of a suspect, 2015 high-ranking 2013, 2015 old 2798, 2015 old 2798, referring to the status of personal confinement, and the results of inquiries

1. Relevant legal provisions concerning facts constituting an offense, Articles 342, 330 of the Criminal Act (the attempted larceny of intrusion on a structure at night) and Article 330 of the Criminal Act (the larceny of intrusion on a structure at night);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the punishment of concurrent crimes are when and against the Defendant committed the instant crime, the instant crime appears to constitute a crime of living, and the amount of theft damage is not significant.