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(영문) 서울중앙지방법원 2013.08.23 2012고단2960

야간주거침입절도미수등

Text

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

Seized evidence 1 to 5 (Seoul Central District Prosecutors' Office No. 1291), .

Reasons

Punishment of the crime

【2012 Highest 2960 [Defendant] Around 00:00 on April 19, 2012, the Defendant invaded on the rooftop through the open-to-door entrance, and attempted to cut off the air-conditioning line in the market price, which was the victim’s possession, at that place, and attempted to do so, but did not go to the victim’s attempt.

[Judgment of the court below]

1. The possession of the stolen property embezzlement;

A. At around 10:00 on June 2012, the Defendant, in front of the E Hospital located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, found one of the elonphones owned by the victim F, but did not follow necessary procedures, such as returning it to the victim, and embezzled the property that he/she had, on his/her own view, left from the victim’s possession.

B. On July 5, 2012, at around 17:30, the Defendant: (a) obtained one verification tag in an amount equivalent to KRW 25,000, and one national card on which the victim I lost; (b) did not take necessary procedures, such as returning it to the victim; and (c) embezzled the property from the victim’s possession.

2. On July 17, 2012, the Defendant: (a) was at the construction site of a house located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan CityJ; (b) infringed upon a tamper installed at the entrance; and (c) cut off a tamper with a wire of KRW 600,000 at the victim’s wall installed on the wall using a tamp for cutting-out used in advance; and (d) stolen a tamper pipe 580g of the market price of the victim’s K, which was installed on the wall.

Summary of Evidence

1. Each statement of the police suspect interrogation protocol against the accused;

1. The statement of each police statement made to K and I;

1. Each statement prepared by C and F;

1. Each protocol of seizure and the list of seizure shall be entered;