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Reasons
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(영문) 대구지방법원 2018.06.27 2018고단2403
야간건조물침입절도미수등
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. A thief: (a) on May 1, 2018, the Defendant: (b) opened a door in front of “D” located in the Gyeongdong-gun, Gyeongdong-gun; (c) opened a door in front of “D”, which was parked there; and (d) stolen the total amount of KRW 410,943,00,00 in total from the victims four times until May 13, 2018, including a total of KRW 728,943,93,00,000, the market value of the victim, who was located in the vehicle, was KRW 300,000.

2. On May 10, 2018, the Defendant attempted to larceny at night buildings (i) around 03:11, and (ii) around 03:1, 201, to “I” operated by the victim H in the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G

3. On May 9, 2018, from around May 201 to around 20th of the same month, the Defendant infringed upon the victim’s residence by reporting that the above heading room is opened as a factory room, and by intrusioning upon the victim’s residence for about 11 days.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made to K in the police statement;

1. Each statement of H, M, E, and N;

1. A protocol of seizure and a list of seizure;

1. Domestic investigation reports, investigation reports (investigation, etc. into the scene of damage), investigation reports (Attachment of CCTV images to crimes), investigation reports (Attachment of photographs to the closure of L CCTV), investigation reports (Seizure at the site of arrest), investigation reports (specific amount of damage), and application of Acts and subordinate statutes to investigation reports (specific amount of damage);

1. Relevant Article 329 of the Criminal Act concerning the facts constituting an offense and Article 329 of the choice of punishment (abstinence, choice of imprisonment with labor), Articles 342 and 330 of the Criminal Act (abstinence of larceny at night) and Article 319(1) of the Criminal Act (abstinence of residence).

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