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(영문) 의정부지방법원 고양지원 2019.06.03 2019고단923

야간주거침입절도미수등

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

(b) Crime history;

1. Intrusion upon residence;

A. A. A. around January 2019, the Defendant committed the crime: (a) around January 2019, the Defendant opened a entrance that was not corrected for the purpose of theft of another’s property ****** in front of the building; (b) in front of the building 000, the Defendant invaded upon the residence contrary to the intention of the victims, such as leakage of the entrance password and the entry into the entrance.

B. On February 10, 2019, the Defendant committed the crime around 01:00, and around 01:00 on February 10, 2019, entered the building again to verify whether the password of the entrance door at the above location was in conformity with the above at the above location at around 01:00, and then intruded into the residence contrary to the intent of the victims, such as the victim C, etc.

2. On February 15, 2019, the Defendant attempted to larceny at night, around 23:40 on February 15, 2019, divided the entrance and exit number of the entrance, which had been known in advance, into the building 00, and attempted to carry with the victim C’s clothes suffering from the building site, but failed to carry out such intent.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Investigation reports (verification of the site and suspect's residence), on-site photographs, etc.;

1. Investigation report (verification of the victim's residence);

1. Application of Acts and subordinate statutes to photographs, such as slaughterhouses;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 319 (1) of the Criminal Act (the points of intrusion upon residence), Articles 342 and 330 of the Criminal Act (the points of attempted larceny at night), and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of a maximum of punishment);

1. Article 62 (1) of the Criminal Act;

1. The crimes committed by the accused for the reason of sentencing in Article 62-2 of the Probation Criminal Act shall be identified in advance in advance, and when there is any person, the personal identification number of the victim shall be carried out by a tool to suppress him/her at night.