beta
(영문) 청주지방법원 2013.07.19 2013고단595

야간주거침입절도미수등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On December 25, 2012, the Defendant attempted to larceny at night with regard to the victim C, and the Defendant was collected from the victim C in the Chungcheongbuk-gun, Chungcheongnam-do around 05:00 on December 25, 2012, and intruded the victim C through the rear door, and was discovered to E, who is the victim, while scambling him/her with his/her fingers, etc. and colors him/her with his/her hand.

2. On December 25, 2012, at around 05:35, the Defendant damaged the glass hallway of G elementary schools, a public office, using an insular tool, while entering G elementary schools located in the F of Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do.

3. On December 25, 2012, the Defendant attempted to larceny at night with regard to the victim H, and the Defendant committed an attempted crime by exposing the victim’s h, who was in the Victim H’s house located in Chungcheongbuk-gun I, and was in the process of breaking the house and sliding the object to be stolen through the open door and sliding the object to be stolen to the public.

4. On December 25, 2012, the Defendant attempted to larceny at night against the victim J., and committed an attempted theft by breaking the victim’s house located in Chungcheongbuk-gun D, which came up to the house of the victim J, and then intrudes into the entrance and exit from the entrance to the inner door, and cutting down the object to be stolen.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, H, K, and J;

1. Ordinance for the establishment of schools established under Chungcheongbuk-do, calculator, Written estimate, and Chungcheongbuk-do;

1. Application of CCTV photographs and statutes on site photographs;

1. Relevant Articles 342 and 330 of the Criminal Act concerning the facts constituting an offense, and Articles 141 (1) of the Criminal Act concerning the selection of punishment;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant committed each of the crimes in this case by the defendant, who intrudes the victims' dwelling on the new wall, was discovered to be stolen.