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(영문) 수원지방법원 안산지원 2019.05.22 2018고단4373
야간건조물침입절도미수등
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2018 Highest 4373] On November 24, 2018, the Defendant intruded into the entrance of the victim C, which was operated by the victim C, at the time of Singuing, at around 20:08, via a gate of the D building operated by the victim C, at the end of Singuing, and stored the 400,000 Aluminium materials at the market price, which was stored near the resting room, in distribution for the vehicle operated by the Defendant, and had the police officers, upon receiving a report from the victim, failed to carry the intent on the way of arresting the police officers on the job.

[2019 Godan955] On November 11, 2018, the Defendant intruded into the inner door, which was not locked by the above D D’s resting room on November 11, 2018, and cut off one set of 1,000 won per market price into paper cups.

Summary of Evidence

[2018 Highest 4373]

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each photograph (Nos. 2 and 3 of evidence list);

1. The CD (2019 Highest955);

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reporting on investigation (report on the details of investigation by a victim);

1. Application of CD-related Acts and subordinate statutes

1. Relevant Articles 342 and 330 of the Criminal Act concerning facts constituting an offense (a crime of larceny at night) and Article 330 of the Criminal Act;

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

1. Taking into account all the circumstances, such as the fact that the defendant's mistake is recognized for the reason of sentencing under Article 62 (1) of the Criminal Act, the fact that the damage caused by each of the crimes of this case is minor, the defendant has no record of criminal punishment in addition to one fine for driving under influence of alcohol, and the sentencing guidelines for larceny crimes

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