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(영문) 의정부지방법원 2018.11.21 2018고단4432
야간건조물침입절도등
Text

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

Reasons

(b) He/she has failed to receive a theft of cash by opening an existing credit cooperative, but has failed to achieve such intent due to lack of cash in the credit cooperative;

2. At night, around 05:05 on September 19, 2018, the Defendant: (a) opened a closed door in G operated by the victim F, the victim F, the victim F, who was in Pocheon-si, Pocheon-si, and intruded into the open door; (b) used Samsung Electronic mobile phone 1, the victim’s market value, which was in the floor of the table 800,000 won in cash, and used the 300,000,000,000,000 won in market value, and stolen it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Copy of C’s statement;

1. Each CCTV photograph;

1. Application of Acts and subordinate statutes to attach photographs of the person under consideration (mothers, shoess, etc.);

1. Relevant Articles 342 and 330 of the Criminal Act concerning facts constituting an offense, and Article 330 of the Criminal Act;

1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of punishment recommended according to the sentencing guidelines of the Supreme Court] [the scope of punishment pursuant to the sentencing guidelines of the Supreme Court]: thief (in the case of intrusion upon a place other than indoor residential space, from August to June) mitigated area (in the case of intrusion upon a place other than indoor residential space, from August to June), 1) * There is no sentencing guidelines for the attempted larceny of night buildings at night 8 months or longer (in the case where there is no sentencing guidelines for the attempted larceny of intrusion upon a structure at night, from August to June), despite the fact that the defendant had been punished several times for the same crime, he again committed each of the crimes of this case under the same Act.

However, the crime No. 1 of the holding is committed with the attempted crime, and the fact that the defendant has no record of punishment for other crimes after the completion of the long-term imprisonment execution and release in 2011 shall be considered as a favorable circumstance.

In full view of the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal records, etc., the punishment as ordered shall be determined.

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