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(영문) 대전지방법원 2017.04.12 2017고단410
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[criminal records] On April 1, 2016, the Defendant was sentenced to ten months of imprisonment for habitual larceny at the Daegu District Court, and completed the execution of the sentence in the Ansan Prison on September 22, 2016.

[Criminal facts]

1. On January 3, 2017, around 20:45, the Defendant: (a) destroyed at night buildings; (b) around 20:45, the Nonindicted Party: (c) opened any cresh, which was corrected in the second-class 104 commercial building of Daejeon Jung-gu Daejeon, Daejeon, by a locked method; and (d) intruded into the entrance, and cut off with a set of 1 set of 400,000 the market price owned by the victim D, which was located there.

2. On January 6, 2017, at around 00:10, the Defendant: (a) discovered a H truck parkeded by the victim G on the road located in Seo-gu Daejeon, Daejeon, Seo-gu, Daejeon; and (b) taken up two hand-on boxes, hand-on boxes, one hand-oner, and four ship boxes in an aggregate amounting to KRW 1,70,000 in the market price of the victim’s ownership, while taking a cresh in other cresh in loading the said cargo vehicle.

L. A. L. theft was committed.

3. Attempted larceny;

A. On January 21, 2017, the Defendant discovered the LM5 car parked by the victim K on the front of the J, which is located in Seo-gu Daejeon, Seo-gu, Daejeon on January 21, 2017, and opened the front door of the said car and colored the subject of theft by entering the inside, but did not have any specific goods within the said car.

B. On January 21, 2017, around 08:40, the Defendant discovered a NSp R R car parkeded by the victim MM on the 365 Corner, the post office 365 mnest 4 p.m. 110 p.m., Seo-gu, Daejeon, Seo-gu, Seo-gu, Seo-gu, Daejeon. On the other hand, the Defendant did not commit an attempted crime because there was no particular article in the said vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect of the accused;

1. Legal statement of the witnessO;

1. Each written statement of K, G and M;

1. Application of statutes on field CCTV photographs;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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