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(영문) 수원지방법원 안산지원 2018.01.05 2017고단2844
야간건조물침입절도미수등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 18:45, 2017, the Defendant found out the unsatised window in order to intrude into the said restaurant, and entered the restaurant through finding out the unsatised window, and then entered the restaurant in which the victim owned in the cooling house, and entered the restaurant, with a total of 18,000 won (18,000 won) in the market price of the victim in the cooling house, the Defendant attempted to arrest the police officer in a flagrant act and attempted to arrest him.

On October 17, 2017, the Defendant: (a) 12:38 on October 17, 2017, the first floor of the 1st floor of the Sinsan-si General Social Welfare Center of Ansan-si, the members of the Dong-gu, the Gyeonggi-si, the Gyeonggi-si, the Seoul Special Self-Governing Province, and (b) cut off the 220,000 won of the market price owned by the victim F, and one electric wheel charging machine of the 220,000 won of the market price.

Summary of Evidence

"2017 Highest 2844"

1. Statement by the defendant in court;

1. Reports on internal investigation and investigation reports (to conduct telephone investigation, confirmation of time of sunset);

1. On-site photographs "2017 Highest 3311";

1. Statement by the defendant in court;

1. A written statement;

1. Police seizure records and list of seizure;

1. Application of the Acts and subordinate statutes to damaged (baging photographs, CCTV images, and investigative reports (Attachment of photographs on the face of a crime);

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 342, 330 (the attempted larceny of intrusion upon a structure at night) of the Criminal Act, and Article 329 of the Criminal Act (the intention of Section 1 is to point out and the choice of imprisonment is to be imposed);

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. Reasons for sentencing under Article 62(1) of the suspended execution Act (the conditions favorable to the reasons for sentencing as set forth below) / [the scope of recommendation] basic area (one to one year and six months) (one year and six months) of the Act on the thief for general property / [the special sentencing factors] : There is no sentencing guidelines for the attempted to intrude into night structures in the concurrent relation of Article 37 of the Criminal Act. Thus, there is no sentencing guidelines for the attempted to intrude into night structures.

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