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(영문) 창원지방법원 2017.12.06 2017고단3445
야간건조물침입절도등
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 January 23, 2017, at night, the Defendant: (a) was in a dietitian office where the victim E of the “D” restaurant located in Sungwon-si, Changwon-si; (b) was released from the locking door using the password, which was known of the usual door, and opened the locking door and intrudes up until the locking door is opened; and (c) was taken out a 60,000 won of the market price, which is the victim’s market price located in the waste tank.

L. A. L. theft was committed.

2. On February 6, 2017, the Defendant: (a) had attempted larceny of a structure at night; (b) had been placed in around 1:00 at around 1:0; (c) had removed a locking device using a secret number known to the general public; and (d) had colored a door to remove the locking device; and (c) had intruded into the door to prevent a theft; and (d) had failed to discover the device; and (d) had failed to perform such attempt.

3. On July 29, 2017, the Defendant who attempted to intrude upon a structure and larceny came to fall into the place indicated in paragraph (1) around July 17:16, 2017, and colors the locker to remove the locker by using a secret number known to the flat, and by intrusion upon the door, and thereby thefting the locker. However, the Defendant failed to discover it, and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant provisions of the Criminal Act and Articles 330, 342, 329, 319 (1), 342, and 329 of the Criminal Act concerning facts constituting an offense;

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. The community service order under Article 62-2 of the Criminal Act;

1. The sentencing of Article 186 of the Criminal Procedure Act (the basic fee of KRW 300,00,000 for the counsel of the State) is based on the classification of types of crimes, and the sentencing sentencing guidelines between August 1 and June 1 through June 4 from June 1 to June 4 from June 1: Reduction factors (non-residential factors) are recommended to be mitigated: Reduction factors (the sentence between August and year 1).

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