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(영문) 광주지방법원 목포지원 2013.04.04 2013고단330
특수절도미수
Text

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

Reasons

Punishment of the crime

【Prior Crimes under the latter part of Article 37 of the Criminal Act】 The Defendant was sentenced to imprisonment with prison labor for night intrusion larceny at the Gwangju District Court on October 18, 2012 and three years of suspension of execution for October 26, 2012, and the judgment became final and conclusive on October 26, 2012.

【Criminal Facts】

1. The Defendant stated in the indictment on August 7, 2012 as “ August 6, 2012.” However, as it appears to be a clerical error, it shall be corrected ex officio.

Around 02:00, when the victim C operated a main office operated by the victim C in Seo-gu, Seo-gu, Gwangju around 02:00, the cash was found to have been attempted, such as drinking the mind to steal the cash, cutting off the door of the office due to the smuggling, cutting down the door of the office, opening the lock by putting the hand in the hole, opening the locked, opening the string on the books at that place, and opening the string on the books at that place, but the intention was not achieved on the wind without cash.

2. On August 7, 2012, at least 02:10 on August 7, 2012, the Defendant came to a F office operated by the victim E, which is located adjacent to the office described in paragraph (1), and destroyed and damaged the office entrance by drinking the money, and opened the lock by placing the hand in the hole, and opened the door door in the door, and found cash by opening the door door in the door. However, the Defendant did not come to an attempted wind without cash.

Summary of Evidence

Application of the law to the defendant's legal statements, police statements, on-site photographs, and expert records

1. Relevant Articles 342 and 331 (1) of the Criminal Act concerning the facts constituting an offense;

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

4. In light of the fact that: (a) the crime of larceny for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act was committed on or around August 5, 2012; and (b) the Defendant was arrested in the act of larceny at night, who committed a crime around August 5, 2012; and (c) again committed each of the crimes of this case after being released from arrest.

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