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(영문) 전주지방법원 2014.09.18 2014고단1169

야간주거침입절도미수등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 29, 2011, the Defendant was sentenced to two years and six months of imprisonment and seven million won of fine in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Act on the Electronic Monitoring, etc. of Specific Offenders at the Gwangju High Court of Gwangju, and completed the execution of the sentence in the previous prison on December 6, 2013.

1. On November 12, 2010, the Defendant violated the Act on Probation and the Trust, etc. of Electronic Devices against Specific Offenders, the Defendant issued an order to attach an electronic tracking device at the former District Court on the attachment of the electronic device from February 17, 201, attached the electronic device from February 17, 201, and is obligated to attach the electronic device until August 12, 201.

No person with an electronic device installed shall impair its utility by arbitrarily separating or damaging the electronic device from his/her body during the period of attachment of the electronic device.

Nevertheless, at around July 15, 2014, the Defendant arbitrarily separated the installation of an electronic device, which was attached to the Defendant’s hair, from the Defendant’s residence located in Seocho-gu Seoul Special Metropolitan City on July 15, 2014, on the ground that the electronic device attached to the Defendant’s abundance and theft crimes are obstructed.

As a result, the defendant has harmed the utility by arbitrarily separating the electronic device from his body during the period of attachment of the electronic device.

2. On July 16, 2014, around 01:45, the Defendant attempted to larceny at night, and opened an open gate and gate door to the victim E’s residence located in Seojin-gu Seoul Metropolitan Government, Seojin-gu.

At this point, the Defendant opened a visit from the victim’s her husband’s son in the process of checking stolen things, and entered the her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

Accordingly, the defendant attempted to steals another's property by intrusion upon a human habitation at night.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. A written oath;