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(영문) 서울중앙지방법원 2014.10.17 2014고단4052

절도미수등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 8, 2013, the Defendant was sentenced to one year from the Seoul Central District Court to larceny at night, and on November 9, 2013, the Defendant completed the execution of the said sentence in a port prison.

The defendant had weak ability to discern things or make decisions due to mental disorder, such as damage, loss of the ability to judge reality, etc.

1. At around 12:00 on April 5, 2014, the Defendant: (a) 40 minutes of disturbance of performance of official duties: (b) was fluened by assaulting and threatening-gu Seoul Gangnam Police Station criminal charge, Gangnam-gu, Seoul, 114-ro, “A vehicle theft report was not received; and (c) obstructed the police officer’s legitimate performance of duties concerning the maintenance of public security order by assaulting and threatening the police officer C, by threateninging the police officer C, who attempted to restrain the performance of his/her duties, by threateninging the police officer C, by threateninging him/her about 55 minutes of disturbance, such as threateninging him/her to drink and selling the entrance several times of drinking and drinking.

2. At around 19:00 on May 29, 2014, the Defendant attempted theft and intrusion upon the victim’s residence by using the balcony window that did not locked in the victim’s E house in Gangnam-gu Seoul, Gangnam-gu, with the intent of thefting property. On the other hand, the Defendant did not escape from the victim’s residence through the balcony window on the victim’s pro-friendly book, opening the victim’s pro-friendly book, and found the victim’s stolen property. On the other hand, the Defendant did not commit an attempted crime but did not commit a crime, by escapeing through the balcony window, on the wind that is discovered to the victim’s seat.

Summary of Evidence

Facts No. 1

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. The fact defined in Article 2 of the Mental Opinion;

1. Partial statement of the defendant;

1. The statement under E in the second prosecutorial examination protocol against the accused;

1. Statement made by the prosecution with respect to F;

1. Statement of the police statement of E;

1. Each photograph;

1. Investigation report (verification of the distance between the victim's residence and the place where the suspect is found);

1. Before the judgment of the court has been made;