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(영문) 창원지방법원 마산지원 2018.07.10 2017고단699
야간건조물침입절도미수
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On June 23, 2017, around 02:20, the Defendant attempted to open a credit cooperative, such as cutting off electric wires of the credit cooperative, but failed to do so due to the absence of a credit cooperative, in order to steal the money from the “F” underground parking lot of the “F” of the victim E operated in Changwon-si, Changwon-si, Changwon-si, and steals the money from the “F” parking lot.

Accordingly, the defendant invadedd a structure at night and attempted to steal the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to records of field identification photographs, internal investigation reports (related to the verification of CCTV images at the scene of occurrence), internal investigation reports (related to the verification of CCTV images for crime prevention), and investigation reports (related to the verification of objects, etc. on board and wearing at the time of the victim);

1. Articles 342 and 330 of the Criminal Act concerning the facts constituting the crime;

1. According to Article 62(1) of the Act on the Suspension of Execution, considering the following: (a) the reason for sentencing under Article 62(1) of the Criminal Act: (b) the Defendant committed an attempted crime; (c) the Defendant’s damage caused by the Defendant’s crime is not significant; (d) the Defendant committed a crime because of his/her living; (e) the Defendant’s confession and reflects; and (e) the Defendant was a first offender who has no previous criminal record and has

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