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(영문) 대구지방법원 2012.10.26 2012고단2732

야간주거침입절도미수등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

1. On October 201, 201, the Defendant: (a) was at the victim C’s house located in Daegu Jung-gu, Daegu-gu around 11:00 on the date; (b) had the victim’s house; (c) had the victim’s house located in Daegu-gu, Daegu-gu; and (d) had the victim’s house located in the victim’s residence.

2. On April 13, 2012, the Defendant: (a) around 19:40 on April 13, 2012, at night, attempted to steals an article; (b) at the victim E’s house located in Daegu-gu, Daegu-gu; (c) opened an unspecified gate; and (d) intrudes the victim’s residence; and (c) attempted to steals an article; (d) but (e) did not steals an article with the wind that the victim is discovered.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant legal provisions concerning facts constituting an offense and Articles 319 (1) (the points of intrusion upon residence and the choice of imprisonment), 342, and 330 (the points of attempted larceny at night) of the Criminal Act that choose a punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (i.e., confession of a criminal act and reflection of a criminal act);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation;