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(영문) 대전지방법원 천안지원 2019.10.11 2019고단1841
절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On July 21, 2019, at around 01:50 on July 21, 2019, the Defendant discovered a net value owned by the victim’s name and unclaimed boxes ( approximately 20cm in length, approximately 5cm in diameter) located in the offline of the cargo vehicles parked near Seo-gu B in Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-si, and stolen them.

2. On July 21, 2019, at around 02:03:04:19, the Defendant: (a) opened the window with a dangerous object in front of the 'E' office, which was in possession of the victim D’ office in the third floor of the Western-gu C building in Yancheon-gu, Western-si; (b) went into the said office and intruded into the said office; and (c) cut back the west; and (d) cut down the cash amounting to KRW 150,000 in cash owned by the victim.

3. Attempted special larceny.

A. The Defendant, like the above 2. paragraph 2., was at the front of the victim F’s “G” office in the said 3th floor of the C building, and the entrance was set up at the above E office, and attempted to use the above dracker to destroy the entrance of the said G office and to steals money and valuables, but did not open the entrance, and did not commit an attempted crime.

B. The Defendant, like the above 2. Paragraph 2., committed an attempted attempt, even though he did not have stolen money and valuables, prior to the “I” office of the victim H operation on the second floor of the said C building, and did not receive money and valuables from the Defendant, by opening the window with a dangerous object, which was in possession, and by opening the window to the said office.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, F, and H;

1. All on-site photographs;

1. Application of each internal report (ctv verification) and its surroundings, ctv screen pictures and laws and regulations;

1. Relevant legal provisions concerning facts constituting an offense, Article 329 of the Criminal Act selection of punishment, Article 329 of the Criminal Act, Article 330 of the Criminal Act, Articles 342 and 331 (1) of the Criminal Act (a point of attempted special larceny);

1. Article 25 of the Criminal Act for mitigation of attempted crimes

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