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(영문) 수원지방법원 2015.05.27 2014고단1310
야간건조물침입절도미수
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 25, 2014, at around 03:50, the Defendant: (a) committed a theft of money and valuables in the Diplomatic Association managed by the victim C in Sungnam-gu, Sungnam-si; (b) went to the second floor inside the Diplomatic Association while holding the clothes; and (c) went to the second floor inside the Diplomatic Association; and (d) was discovered to a security guard, who was led to a place outside the sight of the people who were dedicated to the Hun-gu in order to take out the Hun-gu bag, which is kept in the place.

Thus, the defendant did not commit an attempted crime even though he attempted to steals property by intrusioning on a structure at night.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of the police statement;

1. Each simplified statement of E and C;

1. On-site CCTV photographs and CCTV video data;

1. Application of Acts and subordinate statutes to photographs of damaged articles, criminal tools and photographs (sloaks);

1. Reasons for the sentencing of Articles 330 and 342 of the Criminal Act regarding criminal facts [the scope of recommending punishment] [the grounds for the sentencing of general property ] There is no basic area (1 to 2 years and 6 months) (1 to 1) of types of larceny (1 to 2 months) [the decision of sentencing] [the decision of sentencing] imprisonment with prison labor 6 months and six months, the fact that the larceny of this case did not cause damage to the attempted punishment, etc., it is so decided as per Disposition beyond the sentencing criteria.

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