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(영문) 대구지방법원 서부지원 2018.04.25 2017고단1561
절도미수등
Text

A defendant shall be punished by imprisonment for six 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

1. On June 18, 2017, the Defendant invadedd a building in the E Hospital, managed by the victim D in Daegu-gu, Daegu-gu, and opened it by means of a little space from the door door of the parking lot shutter of the building in question, which was locked to search for stolen objects, and entered the said door, and then opened it in such a way that the Defendant forced the elevator to 4th floor of the building, and fastened the locks by forcing the door of the air shutter.

Accordingly, the defendant invadedd on the building managed by the damaged person.

2. At the same time and place as the above paragraph 1 above, the Defendant damaged the stacks to the extent that the repair cost of approximately KRW 1.50,00,00,000, which is the operator of the above hospital, incidental to the stacks, owned by the damaged person by the method as referred to in the above paragraph 1.

3. The Defendant, at the same time and place as above 1, entered the fourth floor of the hospital under the above 1 in a manner like the foregoing 1, and was behind each office to search for stolen cash or valuables, but did not discover stolen objects, the Defendant did not commit an attempted crime but did not arrest the staff of the guard company dispatched to the scene.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of the Act and subordinate statutes to a criminal investigation report (in relation to the statement, etc. of a suspect), a criminal investigation report (Attachment to the closure of the CCTV data), a CCTV closure photograph, and a criminal investigation report (in relation to damage to property);

1. Articles 342, 329, 366, and 319 (1) of the Criminal Act of the same Act concerning the facts constituting an offense, and the choice of imprisonment;

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 suspended execution;

1. As to the assertion of mental and physical weakness under Article 62-2 of the Criminal Act on the observation of protection and observation, the defendant and his defense counsel had a state of mental and physical weakness due to mental illness, etc.

As a result, the records show that the defendant is guilty.

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