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(영문) 청주지방법원 제천지원 2014.10.23 2014고단339
절도미수등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 16, 2012, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and two months and ten months for a short term, and completed the execution of the sentence on April 23, 2014 by the Daegu District Court.

[2014 Highest 339] On May 28, 2014, the Defendant entered the “Eel” operated by the victim D in Gangwon-si, Gangwon-si, and intruded into the inner room through the Kabter window, and subsequently, did not commit an attempted crime by spreading money or goods, such as following the erogate in the place.

Accordingly, the defendant invadedd the victim's room, and attempted to steals the victim's property.

[2014 Highest 371] The Defendant, while living in a house, failed to seek jobs, and led to lack of living expenses, committed an attempt to steals property from the telecom.

On July 5, 2014, at around 12:30 on July 5, 2014, the Defendant: (a) opened a entrance door up to the Hel 4 floor operated by the victim G in the same time, which was in the same time sold-gu, to commit a crime; (b) invaded upon the victim’s structure; and (c) cut off with a bank with a cash of KRW 230,000,000, which was located above the front line of the Kater, owned by the victim.

Summary of Evidence

[2014 Highest 339]

1. Defendant's legal statement;

1. Written statements of D;

1. Photographss of the damaged field and CCTV-cape photographs (2014 highest 371);

1. Defendant's legal statement;

1. G statements;

1. On-site photographs and photographs of neighboring CCTVs (before the date of sale);

1. Inquiry Report - Criminal history records, each judgment, and the application of Acts and subordinate statutes concerning the number and accommodation of each individual;

1. Relevant legal provisions concerning facts constituting an offense, Articles 342 and 329 of the Criminal Act that choose punishment, Article 319 (1) of the Criminal Act (influences into room and influence of a building), Article 329 of the Criminal Act (influence of a building), the choice of imprisonment with prison labor;

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

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

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