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(영문) 창원지방법원 2017.05.10 2017고단445
야간건조물침입절도등
Text

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

Reasons

Criminal facts

1. Attempted larceny;

A. On February 9, 2017, at around 22:00, the Defendant left a door of the driver’s seat of a vehicle located adjacent to “K”, which is the victim L owned by the victim, in order to steal the property from “K,” located adjacent to “K” in the Kimhae-siJ on February 9, 2017, but was attempted without having his intention.

B. In order to steal property at the above time and place, the Defendant: (a) left the door door of the driver’s seat of the victim N, but did not commit an attempted crime due to the door.

(c)

In order to steal property at the above time and place, the Defendant left a door of the driver's seat of Qbow-owned Qbow-owned P, but did not lead to an attempted crime because the door was temporarily set.

2. On February 9, 2017, the Defendant: (a) opened a locked entrance at a “K” warehouse operated by the victim R in the same place as paragraph (a) of Section 1 around February 22:54, 2017; and (b) opened it.

The victim's market price, which had been invaded, was 1050,000 won in the victim's possession, was stolen by citing one dynamic car for children who had been in the victim's possession.

3. On February 9, 2017, the Defendant driven a SP-type vehicle under the influence of alcohol leveling 0.084% from approximately 100 meters from the 100-meter section from the roads in front of the YY-dong, Kimhae-si, and the front road of the waterway YY-gun Station, around 23:20 on February 9, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of R, N, P and L;

1. Seizure records;

1. Notification of the result of drinking control;

1. Application of Acts and subordinate statutes to investigation reports (as to the tracking ofCCTV lines);

1. Relevant provisions of the Criminal Act and Articles 342, 329 (a point of attempted larceny and choice of imprisonment), 330 (a point of larceny of a structure at night) of the Criminal Act concerning facts constituting an offense, and Articles 148-2 and 148-2 (2) 3 and 44 (1) of the Road Traffic Act (a point of driving alcohol and choice of imprisonment) of the Criminal Act concerning the selection of punishment;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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