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(영문) 대구지방법원 서부지원 2018.08.23 2017고단2851
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 16, 2017, the Defendant attempted to larceny at night buildings upon the victim D, a company E, a stock company in Daegu-gu, Daegu-gu, about 03:56, into the rear door of the factory, which was managed by the victim D on October 16, 2017. After entering the warehouse of the above factory innovation, the Defendant attempted to take part in the work clothes for employees in name, who were suffering from the clothes of the above factory innovation, and attempted to steal by opening the books on his/her books, but did not discover any property, and did not commit an attempted crime.

2. On October 16, 2017, at around 04:06, the Defendant damaged the victim F, who was on a book at the place indicated in the preceding port, by 50,000 won of the market value of the victim F, the victim F, was at the floor, one cell phone of 6,000,000 won of the cell phone, and at the same time, one computer spack in an amount equivalent to 20,000 won of the market value of the victim, which is the victim.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes to a investigative report (to attach photographs ofCCTV images, damaged photographs, and copies of video CDs);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 342, 330 (a person who attempts to intrude any structure at night) of the Criminal Act and Article 366 of the Criminal Act (a person who damages property and a person who commits a crime by imprisonment with prison labor);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the criminal defendant committed all crimes, the fact that the criminal defendant committed the crime, the crime of larceny by intrusion on night buildings, the fact that the criminal defendant has agreed smoothly with the victim

1. The community service order under Article 62-2 of the Criminal Act;

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