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(영문) 수원지방법원안산지원 2020.10.23 2020고단2064

야간주거침입절도미수등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On April 16, 2020, the Defendant attempted to larceny at night buildings: (a) around 02:30 on the house B at night; and (b) on order to steal property, the Defendant laid a gas pipeline installed on the said house’s outer wall in order to steal property, and opened a bee hynade, for which the victim C resides, did not correct it; (c) but (d) the victim was in the house, but was in the house, she sickly escaped the victim’s body.

Accordingly, the defendant attempted to steal the victim's property by intrusion upon another's residence at night.

2. On April 19, 2020, the Defendant, at around 15:17, 2020, laid down gas pipes installed on the outer wall of the house through the rear end of the said house in order to steal property, and laid off the door knicks and windows, which were not corrected under subparagraph D where the victim C resides, due to the correction of windows, and then intruded the door knicks through the joint entrance of the building, to the front of the door door through the joint entrance of the building, so as not to open.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Police suspect interrogation protocol of the defendant's oral statement;

1. C’s statement;

1. A report on the occurrence of an event, a report on internal investigation, and a report on investigation (a statement of a victim);

1. A list of 112 reported CCTV data;

1. Data to conduct an investigation report (on-site CCTV analysis) and to cut off on-site CCTVs;

1. Application of Acts and subordinate statutes on the investigation report;

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

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;

1. The crime committed by intrusion upon another person's residence with the reason of sentencing in Article 62-2 of the Social Service Order Criminal Act is bad, and the victim's house was subject to the crime of larceny, and the victim's house was made a large fear, and it was not agreed with the victim.