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(영문) 창원지방법원 2014.03.04 2013고단790

절도미수등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 22, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on September 2, 201, and completed the execution of the above punishment on July 31, 2012.

[2013No. 790] On March 14, 2013, the Defendant opened a door that was not set up at the victim D’s house located in Kimhae-si Kimhae-si, and intruded into the victim’s house, and then discovered a brupt to the victim in order to recover money and valuables that could be stolen.

Accordingly, the defendant invadeds on the residence of the victim, and attempted to steals money and valuables of the victim, but did not bring about such intent.

[2013 Highest 1155] On April 28, 2013, the Defendant entered the victim F's detached house located in Gangseo-gu Busan Metropolitan Government, through an open gate with the idea of thefting property, and did not commit an attempted crime, even when the Defendant followed the victim's grandchildren located in the place, which was discovered by the victim.

[2013 Highest 1838] The defendant had a mind to steal another person's property, and had an abandoned house.

1. Attempted theft and intrusion upon residence;

A. At around 12:50 on March 14, 2013, the Defendant: (a) entered the victim H’s residence located in Kimhae-si G through a gate that was not corrected; and (b) sought to open the gate and intrude into the house to steal the property, but was discovered to the victim in the room.

B. The Defendant is above 12:55 on the same day at the victim J’s residence.

In the same manner as the same as the paragraph, it was known that there was no victim and tried to steal the property, but no cash, etc. was found.

C. The Defendant is above the victim L in K at around 13:00 on the same day.

In the same way as Paragraph 1, the property was stolen, but it was discovered to the victim.

Accordingly, the defendant attempted to steal the victims' property three times, but he attempted to commit each attempted crime.

2. The defendant shall be punished by theft and intrusion upon his residence;