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(영문) 제주지방법원 2020.10.15 2020고단1486
건조물침입등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. Around 13:50 on May 3, 2020, the Defendant intruded into a structure managed by the victim, such as intrusion into a cafeteria through a window that has not been corrected due to the use of a gap in the management of the victim K in the “J” restaurant located in Seopopo City I.

2. The Defendant attempted to steal money and valuables by opening a safe in the manner of inserting the knife (32 cm in total length, 19 cm in knife) with a knife (19 cm in total length) which is a dangerous object in the kitchen, after having intruded into the time and place under paragraph (1), and wearing a past restaurant, and intending to commit a attempted theft by opening the knife the knife with the knife, which is a dangerous object in the kitchen. However, the Defendant was in the knife toilet and knife the knife room

Summary of Evidence

1. Application of Acts and subordinate statutes to report the occurrence of the defendant's legal statement in K, the records of seizure, the list of seizure, the certificate of seizure, the voluntary submission of evidence, the investigation report (in-depth identification reports and on-site photographs) and the investigation report (in-depth photographs used for committing a suspect), and the application of criminal investigation reports (in-depth photographs

1. Relevant Article 319(1) of the Criminal Act, Articles 342 and 331(2) and (1) of the Criminal Act, Articles 331(1) of the Criminal Act, the choice of imprisonment for a crime

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the instant crime committed by intrusion upon a restaurant and intending to larceny a knife (32 cm in total length, 19 cm in knife) which is a dangerous object that was in the front place, and was committed against an attempted crime, and that the crime is bad in nature, and that the Defendant did not agree with the victim.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that there is no record that the defendant has been punished in excess of the same kind of crime or fine.

The age, character and conduct, environment, and means and results of crimes of defendants.

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