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(영문) 대전지방법원서산지원 2020.12.23 2020고단322
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On October 2, 2019, the Defendant was sentenced to one year of imprisonment for special injury, etc. and two years of suspended execution in the Seosan Branch of the Daejeon District Court on October 2, 2019, and the judgment became final and conclusive on October 11, 2019.

1. On June 24, 2019, the Defendant: (a) intruded into a D-day storage warehouse operated by the victim C in Asan City, Asan-si on June 24, 2019; and (b) stolen a junopous juice in an amount equivalent to KRW 30,000, market price of the victim’s possession, which was kept in custody at the same time; (c) one junop juice in an amount equivalent to KRW 30,000, market price; and (d) one junop juice in an amount equivalent to KRW 20,000, market price of which was

2. From G operated by the Victim F, the Defendant continued to commit an attempted intrusion, the Defendant found out that the store proposal was unfolded, and destroyed the entrance locking device, and entered the said G store. However, the Defendant did not intrude into the said G store because the corrected entrance door was not opened.

3. The Defendant continued to discover and open a H Poter freight vehicle owned by the injured party F, which was parked in the G burial parking lot as set out in the preceding two paragraphs, and opened an unrecepted cargo driver’s seat, and tried to run the said cargo vehicle with the two keys located in the cargo vehicle, leaving the clothes of the air, and trying to drive the said cargo vehicle, but failed to walk at the time.

Summary of Evidence

1. Defendant's legal statement;

1. C and F statements;

1. CCTV CDs, CCTV photographs, and CCTV photographs;

1. Inquiry reports on criminal records, investigation reports (Attachment of criminal records of a suspect), application of a copy of judgment, and the application of statutes;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and Articles 330 ( point of larceny at night), 342 and 329 ( point of attempted larceny and Selection of Imprisonment) of the Criminal Act, and Articles 322 and 319 (1) of the Criminal Act (the point of attempted intrusion of structure and the choice of imprisonment);

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

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

1. The criminal records of the defendant, the motive and method of the crime, and the degree of damage for the reason of sentencing under Article 62(1) of the Criminal Act.

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