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(영문) 창원지방법원 마산지원 2019.07.17 2019고단390
야간건조물침입절도미수
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Justice] On February 3, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. at the Changwon District Court on February 3, 2016, and completed the execution of the sentence on December 20, 2017.

【Criminal Facts】

On May 2, 2019, at around 21:10, the Defendant invadedd into the administrative office of the above school administered by the victim D through the entrance of the main school, and then obstructed the stolen objects, such as opening the shoulder in the books of E, which is an employee of the above school, by an influence method, while the Defendant did not commit an attempted crime, but did not commit an attempted crime with the wind that is discovered to F, a worker on duty who was on duty during the night patrol at the time of the influence.

Accordingly, the defendant attempted to steals property by impairing a structure managed by the victim at night.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Each investigation report (in relation to attachment of field photographs, etc., attachment of CCTV images, written agreement, etc.);

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (verification of the same kind of power, such as results of the search of prisoners, suspect repeated records, etc.);

1. Article 330 of the Criminal Act applicable to the crime;

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

1. Reasons for sentencing under Articles 25(2) and 55(1)3 of the Criminal Act for mitigation of attempted punishment;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of recommending punishment according to the sentencing guidelines [decision of types] thief (type 4] Larceny (special sponsor) for general property: In cases of intrusion upon places, other than indoor residential space, factors to increase the amount of punishment: Reduction area of the same repeated crime (the scope of recommending area and recommending punishment) that does not fall under specific crime Aggravated Punishment, and August through June;

3. The Defendant, who was sentenced to imprisonment twice for the same crime, was sentenced to imprisonment twice, and was in the period of repeated crime due to the second same criminal power, resulting in the instant crime even though he had been in the period of repeated crime.

On the other hand, the Defendant.

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