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(영문) 대전지방법원 홍성지원 2014.09.02 2014고단367
야간건조물침입절도미수
Text

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

Reasons

Punishment of the crime

On May 30, 2012, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Daejeon District Court's red support, and completed the execution of the sentence on May 9, 2014.

1. On May 23, 2014, at around 02:00, the Defendant opened a toilet window at the D Licensed Real Estate Agent Office operated by the victim C in Chungcheongnam-gun, Chungcheongnam-gun, and intruded into the said brokerage office, and did not discover any cash or valuables stored therein, but failed to discover.

2. On May 23, 2014, at around 04:35, the Defendant: (a) opened a toilet window on the side of the building at the G G border point operated by the Victim F in the Chungcheongnam-nam Budget Group E; and (b) invaded into the said G border point; and (c) attempted to steal cash or valuables stored therein, but the security system warning was alerted, the Defendant immediately attempted to flee.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F and C;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal records, and Acts and subordinate statutes on the personal identification and expropriation status;

1. Article 342 and Article 330 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

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

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act had the record of having been sentenced to punishment several times for the same kind of crime, and on May 30, 2012, the Daejeon District Court sentenced the Defendant to two years for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th

However, when determining the punishment, the accused voluntarily surrenders to him on the day following the crime.

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