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(영문) 광주지방법원 목포지원 2016.03.29 2016고단88
야간건조물침입절도미수등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 350,000 won to the applicant for compensation. The above compensation order shall be issued.

Reasons

Punishment of the crime

1. On January 30, 2016, the Defendant attempted to larceny at night buildings: (a) had intruded into a certain area through the entrance opened in the “AW PC room” operated by the injured party AV in the AU at Mapopospos on January 30, 2016; and (b) had the victim taken cash in the safe located in the carcter by using the crepans in which the victim was left, but did not have the intent to do so on the wind where the safe was locked.

2. On January 30, 2016, the Defendant: (a) opened in the “AY” room operated by the Victim AT in Sinpo City AX on January 30, 2016, the Defendant: (b) opened a credit cooperative with the above PC room employees located in the said PC seat; and (c) deducted KRW 350,000,000,000 in cash owned by the victim.

They have come to her.

3. The Defendant invadedd a structure through the entrance of the PC as described in paragraph 2, resulting in theft of property, such as the date, time, place, and place described in paragraph 2, into the entrance of the PC as described in paragraph 2, and intruded into the above PC, which is a dried object.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement;

1. Investigation report (related to the verification of CCTV camera images inside damaged areas);

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

1. Application of CCTV image Acts and subordinate statutes to a person under crime;

1. Relevant legal provisions concerning facts constituting an offense, Articles 342, 330 (the attempted larceny of intrusion on a structure at night), 329 (the intention of Section 329) of the Criminal Act, and Article 319 (1) of the Criminal Act (the point of intrusion on a structure, the choice of imprisonment with prison labor) of the same 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. Reasons for sentencing under Articles 25 (1) and 31 (1) through (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Sentence of Provisional Execution;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 15 years;

2. Scope of the punishment recommended according to the sentencing criteria (the sentencing criteria shall not apply to the attempted larceny of any structure at night, but the crime of intrusion on a structure shall not be treated as a majority crime unless the sentencing criteria are applied to the attempted larceny, and the types of larceny are classified as intrusion larceny).

[Scope of Recommendation]

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