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(영문) 창원지방법원 통영지원 2013.06.27 2012고단1133

야간건조물침입절도미수

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. On August 4, 2012, around 02:00, the Defendant entered the entrance door to cut off another person’s property, which was operated by the victim D, through through Dong-si, through which the Defendant got into the entrance door to cut off, and then opened five reading centers on the second floor of the entrance, and went into the entrance door to 207, which was not corrected among them, but did not receive money and valuables to cut off.

2. On October 19, 2012, the Defendant: (a) infringed upon another’s property by the victim G, which was operated by the victim G, through the front door of the telecom, to steals another’s property; and (b) obstructed inside the guest room, with the entrance door opened with the sixth and third floors; and (c) obstructed money and valuables, but did not have any money and valuables to be stolen.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and G

1. Articles 342 and 330 of the Criminal Act concerning the facts constituting the crime;

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 (including the confession and reflective nature of the defendant);