(영문) 의정부지방법원 2018.06.20 2018고단1761

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(영문) 의정부지방법원 2018.06.20 2018고단1761

야간건조물침입절도미수

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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

The Defendant: (a) cut the cash withdrawal machine of “KB National Bank 365 automated cos; (b) cut it to cleep the cash located in it; and (c) opened an automated cos to 22 as of April 24, 2018, which was possible for the Victim KB Bank at Mad 22, the Defendant went into the said machine; (d) cut off the front cover of the metal cover on the part of the Defendant’s cash withdrawal machine owned by the Victim’s Bank; (b) cut it into the front cover of the metal c09; and (c) did not yet cut the metal click in front of the said automated cos; and (d) did not cut off the cash withdrawal machine from the cash withdrawal machine to flick the flick.

“The commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.”

Therefore, the defendant did not commit a theft of property owned by the victim at night, and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. Reports on the results of field identification, and written confirmation of fingerprint identity of the theft case;

1. Application of Acts and subordinate statutes on site photographs;

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

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Punishment by law: Imprisonment with prison labor for not more than ten years;

2. Determination of sentence: One year of imprisonment with prison labor and two years of suspended sentence (unfavorable circumstances) shall be purchased in advance, and the nature of crimes that planned to prepare for crimes is very poor;

There was no agreement with the victim.

[The favorable circumstances] There is no record of punishment against the defendant except for a long term fine of two times due to violation of the Military Service Act.

The crime was committed through attempted crimes.

The defendant is in depth against the defendant, and the mother of the defendant is against the defendant.

참조조문

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