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(영문) 대구지방법원 포항지원 2016.06.30 2016고단357
야간건조물침입절도미수등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In order to solve sexual desire, the defendant has stolen clothes of female students and taken them to use them to commit self-defense.

1. A defendant who attempted to larceny at night buildings without knowing the specific date on January 2016, 19:00, when he opened in front of the middle school after the female middle school located in Yellow-dong at around 19:00 and intruded with stolen objects to the waste separation and collection site through the front door of the new door door, which was opened in front of the female middle school located in Yellow-dong at around 19:0, and did not commit an attempted crime.

2. Larceny and intrusion into a thief;

A. On January 30, 2016, at around 13:50 on January 30, 2016, the Defendant intruded into the second floor corridor of the school building in front of the front door of the Women's High School, which was located in the king-dong, and stolen, with the head of 79,000 won in total and one copy of the market price of the victim C, who was in the front line of the object.

B. On February 1, 2016, the Defendant: (a) intruded the inside of the school building through the open entrance door in front of the high school located in the Northern-gu, Chungcheongnam-gu; (b) and (c) stolen the Defendant, with a chapter 1 of the Victim D owned by the victim E in the second and third class classes; and (d) a chapter 75,000 per cent of the market price of the victim E owned by the victim E in the second and fourth class; and (e) a chapter 1 of the 75,000 per cent of the school uniform, owned by the victim E in the second grade class.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of B (Bags), C, D, and E (each thief victim);

1. Application of Acts and subordinate statutes to report internal investigation (related to attachment of photographs to the scene of a crime), investigation report (related to specification of damaged articles and estimate of damage);

1. Relevant provisions of the Criminal Act and Articles 342 and 330 (Attempted Larceny of at night buildings), Article 329 of the Criminal Act (abstinence of intention, choice of imprisonment), and Article 319 (1) of the Criminal Act (abstinence of buildings and choice of punishment) of the same Act concerning criminal facts;

1. The aggravated punishment for concurrent crimes is prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed in the attempts to larceny at night with the largest punishment);

1. Article 62(1) of the Criminal Act 1.

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