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(영문) 대구지방법원 서부지원 2018.08.31 2016고단2783
특수절도미수
Text

A defendant shall be punished by imprisonment for one year.

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

On September 23, 2016, the Defendant got into the church located in Daegu Seo-gu B around 03:30 on September 23, 2016, destroyed the entrance door while the rejection (i.e., "one omitted") in order to cut off the entrance of the church, and (ii) did not arrest the police officer dispatched with the report of the victim C in the above church as an flagrant offender and did not achieve the purpose.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of on-site photographs);

1. Articles 342 and 331 (1) of the Criminal Act relating to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In full view of all the circumstances, including the fact that the defendant's reasons for sentencing under Article 48 (1) of the Confiscation Criminal Code recognized his mistake and did not repeat the crime by reflecting against himself, the victim's desire to take the defendant's wife against the defendant (37 pages of evidence records), the victim has no criminal record of the same kind, the degree of damage, the circumstances of the crime, and the records of the crime, etc., the sentence is ordered as ordered.

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