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(영문) 광주지방법원 순천지원 2017.01.18 2016고단1675

야간주거침입절도미수등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On May 24, 2016, at around 05:40 on May 24, 2016, the Defendant: (a) opened a panty-one and a brode-one of the market prices owned by the victim suffering from a dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Dried Da, which was not corrected in the house of the victim D.

Accordingly, the defendant stolen the victim's property.

2. On May 27, 2016, the Defendant attempted to larceny at night, following the intrusion around 02:45 on May 27, 2016, and invaded upon the victim’s clothes beyond his/her house gate to steals the above victim’s clothes, and escaped from the victim’s “ather” voice.

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

3. On July 12, 2016, the Defendant attempted to larceny at night buildings: (a) went through the window opened in front of a restaurant for “G” in the operation of the Victim F, E 209 at Ma Ma 209 on July 12, 2016; and (b) went away from the sound of the Mano-gun’s “G” by having four knicks located therein.

Accordingly, the defendant attempted to steal the victim's property to intrude into the victim's structure at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or H;

1. A written statement;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant provisions of the Criminal Act and Articles 342, 330 (the attempted larceny at night, and the attempted larceny of chips at night) of the Criminal Act concerning the crime, Article 329 (the intention of Section 329) of the Criminal Act, and Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of punishment) of the Criminal Act concerning the selection of punishment;

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 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing in Article 62-2 of the Criminal Act on the observation of protection and observation [the determination of types] of larceny in general property [the general larceny]. Two types of mitigation elements [the person who is in charge of special sentencing]. The source of punishment is not [the decision of the area of recommendation].