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(영문) 창원지방법원 마산지원 2015.12.15 2015고단901

야간주거침입절도등

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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. An attempted larceny at night;

A. On August 21, 2015, the Defendant: (a) around 22:40 on August 21, 2015, 2015, at the victim C’s house located in Changwon-si, Changwon-si B 1st floor B 101, and (b) attempted to capture an article into the gate through a crepan by using a cresh without any way in the surrounding area; (c) but (d) did not bring the victim’s brush, and did not commit an attempted crime.

B. On August 21, 2015, at around 22:43, the Defendant came to the Victim E’s house located in the Changwon-si, Changwon-si, the Changwon-si, the Defendant: (a) used any cresh in and around the vicinity; and (b) attempted to open the door door door of the victim and leak the object into the door; (c) however, the Defendant failed to bring the door out and attempt to destroy the object.

2. On August 21, 2015, the Defendant: (a) around 22:50 on August 21, 2015, at night, was near the house of the victim G located in F1st floor in Changwon-si, Changwon-si; (b) discovered that the victim’s house was opened beyond the fenced at the port of paragraph (1) by using any cresh without any degree in the surrounding area; and (c) discovered that the kitchen house was opened in the house of the victim; and (d) entered the room, thereby, entered the room into the room, and stolen the house with the cash amount of KRW 50,000,000,000,000,000,000,0000 won, which are owned by the victim on his/her house in the ward.

3. On August 21, 2015, around 22:55, the Defendant intrusiond the victim’s house at the victim I’s house located in the H 1st floor in Changwon-si, Changwon-si, Changwon-si, and paragraph (2) of this Article, the Defendant carried the wall, as well as the victim’s house, in order to escape from arrest, and intruded the victim’s house.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of G, C, E, and I;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 342 of the Criminal Act as to the facts constituting the crime.

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