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(영문) 대전지방법원 2013.11.05 2013고단2748

야간주거침입절도미수

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 8, 2012, the Defendant: (a) around 04:50, in Seo-gu, Seo-gu, Daejeon; (b) around 04:50, up to 3rd floor of the gas pipeline installed on the wall of the building of the above Bara; and (c) infringed on the wall of the victim D located in 306, and attempted to take away the shock net installed on the window, which is opened in order to steals the object by hand, from the wall of the victim; and (d) tried to remove the shock net installed on the window, which is opened in order to steal the object by hand, the Defendant did not commit an attempted crime, and did not commit the crime, because the victim was found to have the Defendant and attempted to do

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to each photograph (place of crime and place of residence of the defendant);

1. Relevant Articles 342 and 330 of the Criminal Act concerning facts constituting an offense (a crime of larceny at night);

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considering circumstances, such as the fact that the defendant has no previous conviction in the same kind, the fact that the defendant commits the crime in this case, and the fact that the defendant has crashed and suffered serious injury);

1. It is so decided as per Disposition for the reason of not less than Article 62-2 of the Criminal Act;