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(영문) 창원지방법원 2017.11.24 2017고단3369
야간건조물침입절도미수등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

On November 12, 2014, the Defendant was sentenced to a suspended sentence of one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Changwon District Court, and on January 28, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny, etc. at the Changwon District Court on January 28, 2016, and the said judgment became final and conclusive on February 2, 2016, and the said suspended sentence was terminated on April 1, 2017.

1. Larceny, attempted larceny, and intrusion on a structure from September 15, 2017 to September 21, 2017;

A. From September 15, 2017 to September 21, 2017, the Defendant attempted theft against the victim C, and infringed on a structure, at around 07:30, the victim’s “Esing practice hall” located on the second floor of the DD building in Kimhae-si, Kimhae-si, the Defendant failed to commit an attempted crime, even though he opened the door and intruded up to the inside, had removed the locking device, but did not commit an attempted crime.

B. at the time and place specified in paragraph (1) of Section 1, the Defendant invadedd the victim F with “G” through the passage connected to the said “Esing practice hall,” and committed theft with cash 120,000 won, which was owned by the victim who was in the West of the said place.

2. Larceny, attempted larceny, and intrusion on a structure on September 22, 2017;

A. On September 2, 2017, the victim C’s attempted larceny and the victim’s intrusion on a structure came to have been entered in the port No. 1-A around 08:28, around September 22, 2017, the Defendant removed the locking device from all the location of the corrected automatic entrance. After opening the door and intrusion up to the door, the Defendant obstructed the object to be stolen on the west of the calculating unit located therein, but the Defendant did not have any intention but failed to discover it.

B. The Defendant of theft against the victim F and intrusion upon a structure is “G” through the passage connected to the “Esing practice hall”, at the time and place specified in Section 2(a).

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