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(영문) 수원지방법원 안산지원 2018.10.24 2018고단2849

절도미수등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 8, 2018, the Defendant: (a) opened a gate that was not set up in the house of the victim C located in Ansan-si, Seoul-si; and (b) entered the living room to intrude into the victim’s dwelling.

2. The Defendant attempted to larceny with money and valuables, etc. owned by the victim at the time, time, and place indicated in the foregoing paragraph (1), but attempted to steal them, but did not have been discovered to the victim, and did not have such intent.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of the CCTV statutes to the defendant form;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Articles 342 and 329 of the Criminal Act, and the choice of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. According to the evidence duly adopted and examined by the court regarding the argument of the mental disorder of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act, the circumstance that the Defendant’s intellectual disability 3 level is insufficient to deem that the Defendant did not have or lacks the ability to discern things at the time of committing the instant crime, and thus, the above assertion by the Defendant and his defense counsel cannot be accepted.