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(영문) 대구지방법원 2020.08.18 2020고단3254
야간건조물침입절도미수
Text

A defendant shall be punished by imprisonment for one year.

The evidence seized by the defendant shall be confiscated as provided for in subparagraphs 1 through 4.

Reasons

Punishment of the crime

On May 31, 2017, the Defendant was sentenced to two years and six months of imprisonment for habitual larceny in the Daejeon District Court on May 31, 2017, and completed the execution of the sentence in the official prison on October 11, 2019.

Criminal facts

1. The defendant 2020

6.7. 03 03.00 Mapopo-si B operated by the injured party C, and opened a window of the warehouse connected to the above Mapo-si and entered it into the warehouse by using the pre-determined rejection (tentatively named omission), but the mapo-si did not lead to escape because the mapo-si turn on the wind, and the mapo-si did not lead to escape.

2. At around 03:30 on June 9, 2020, the Defendant: (a) entered the gold banks operated by the victim E in Changwon-si, Changwon-si; (b) entered the CCTV outside the fence of the said building with an inner math; and (c) opened a door by using a pre-determined rejection (fluence) as a paper cup and opened the door into the gold bank; (d) however, the Defendant failed to carry the warning into the door with the wind, but failed to carry it out.

3. On June 9, 2020, at around 01:38, the Defendant came to a gold room operated by the victim G in Daegu Suwon-gu F, and entered the said gold room, via the next building, and then tried to remove and damage the refund pipe connected to the above gold room and then enter it into the said room, but the Defendant did not go to an attempted attempt, even if the warning was not given, with the wind.

Summary of Evidence

1. Statement by the defendant in court;

1. The victim's statement (G, E, C), on-site photographs, records of seizure, and the list of seizure;

1. Previous records: Criminal records, investigation reports (Attachment to the suspect's previous records and copies of written judgments), copies of written judgments (Seoul District Court Decision 2017 Height1631), application of Acts and subordinate statutes to the status of personal confinement;

1. Articles 342 and 330 of the Criminal Act concerning the facts constituting the crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Article 48(1)5 (Carrying-on) of the Criminal Code provides for a crime.

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