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(영문) 부산지방법원 동부지원 2017.05.24 2017고단302

야간주거침입절도미수

Text

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

Reasons

Punishment of the crime

On June 29, 2016, the Defendant: (a) around 00:30 on June 29, 2016, 2016, the victim D in Busan Shipping Daegu C used as a residential and restaurant; (b) opened an entrance by a method of cutting off the entrance for the purpose of theft of property; (c) invaded into the restaurant, and followed the west and the strings, etc. under the cafeteria, but failed to discover stolen goods, and subsequently attempted.

"2017 Highest 444"

1. On November 6, 2016, the Defendant, at around 21:00, acquired the amount equivalent to 2.50,000 won at the home flus Busan flus Busan flus parking lot located in 37, a 37-gil, and the victim F’s modern card, etc. containing the loss of the victim F.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. On February 13, 2017, the Defendant: (a) at the 5-dong parking lot of the retransmitting Hyundai apartment located in the 81-gil-ro 60, Busan, Busan, Daegu, Daegu, on February 13, 2017; (b) discovered and did not correct the H vehicles owned by the victim G in that place; (c) opened a 150,000 won in cash owned by the victim.

Summary of Evidence

"2017 Highest 302"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. "Investigation reports, field photographs, investigation reports (related to attachment of suspect photographs), suspect telegraph photographs, investigation reports (outtime investigation reports), and telephone recording CDs 444;

1. Statement by the defendant in court;

1. A written statement of G and F;

1. Reporting on occurrence of a disaster;

1. Application of Acts and subordinate statutes of subparagraphs 1 through 3 of the seized evidence;

1. Relevant legal provisions concerning facts constituting an offense, Articles 342, 330 of the Criminal Act (the attempted larceny at night), Article 360 (1) of the Criminal Act (the embezzlement of deserted articles in possession, the choice of imprisonment with prison labor), and Article 329 of the Criminal Act (the intention of Section 329 of the Criminal Act, and the choice of imprisonment with prison labor);

1. The grounds for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.