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Reasons
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(영문) 울산지방법원 2017.04.20 2017고단695
야간건조물침입절도미수
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 2017, the Defendant was in arrears with a large amount of card payment due to a lack of a certain income on March 2017.

In order to steals cash stored in the inner cash-ruping machine by intrusion into the KB National Bank.

Accordingly, at around 02:25 on March 11, 2017, the Defendant came to KB National Bank E, which is managed by the victim D in Yangsan City, and possessed a hiver (one name “lost”, the total length: 20cm) and pushed down the window not locked connected to the above bank in his/her hand, carried the window into the said bank in his/her hand, went into the said bank, and then went into the said bank, and then did not go to the police officer dispatched after receiving a warning of intrusion, and did not go to the effect that it was discovered to the police officer dispatched when he/she was prepared to commit theft.

Accordingly, the defendant invadedd a structure at night and attempted to steal the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Seizure records;

1. Application of each statute on photographs;

1. Articles 330 and 342 of the Criminal Act concerning the facts constituting the crime;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act on the grounds that there are persons who are subject to punishment unfavorable to the defendant, such as the method of punishment, but there is no record of punishment for the same kind of crime, and there is no record of crime for the attempted crime, and in consideration of various favorable circumstances, such as the fact that the crime was committed, the background of the crime, and the attitude of reflect on the record

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) of the Criminal Act to be confiscated;

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