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(영문) 울산지방법원 2013.04.04 2012고정952

절도미수등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant is a person without a given occupation;

1. On September 27, 2010, around 11:40 on September 27, 2010, in order to verify whether there are people inside the house of Ulsan-gu C building 102, Ulsan-gu, Seoul-gu, Seoul-do, the house of the victim B (the age of 29 years) divided the beginning of the entrance, but there is no seal, it appears that there is an empty house. On the other hand, opening a bend of the living room and enter the inside of the house and intrudes on the residence of the victim;

2. The victim, who discovered the Defendant through windows from the inside room in the front room or the room in which money and valuables, etc. were stolen at the above date, at the above time and place, went away in a manner that he/she opened in his/her hands a bend window on the front side and escaped, and did not steals money and valuables.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Protocol of the police statement concerning B;

1. Application of B’s written laws and regulations;

1. Relevant Articles 319 (1), 342, and 329 of the Criminal Act concerning facts constituting an offense, and the choice of a fine, respectively;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.