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(영문) 수원지방법원 평택지원 2015.02.12 2014고단1901
절도미수등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2014 Highest 1901]

1. On October 19, 2014, around 15:40 on October 19, 2014, the Defendant, entering a residence, entering the said house through an open gate in which he/she would steal property from the victim C’s house located in Pyeongtaek-si B, and invaded the victim’s residence.

2. The Defendant attempted to steal the victim’s property at the same time and at the same place, and attempted to steal the victim’s property at the same time and place, but did not have the victim’s wind known to him.

[2015 Height93]

1. On January 17, 2015, around 13:50 on January 17, 2015, the Defendant, entering a building, entering a F&A factory managed by the victim E in Ansan-si, and entering the building managed by the victim via an unrecepted door, to the escape room of staff on the second floor of the factory building.

2. In order to steal property from the above employee’s escape room, the Defendant did not commit an attempted theft with the wind, which was taken by the employees of the victim FF Co., Ltd. working at the above employee’s escape room, and did not commit an attempted theft.

Summary of Evidence

[2014 Highest 1901]

1. Defendant's legal statement;

1. C’s statement (2015 Godan93);

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and Articles 342, 329, and 319 (1) of the Criminal Act concerning the selection of punishment, and Article 319 (1) of the same Act concerning the selection of punishment, and the choice of imprisonment;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are as follows: (a) the accused is led to the confession of the offense; and (b) there are circumstances that do not reach the number of larceny; (c) however, there is no room for the wife in that the criminal records and investigation records resulting from the same offense are not completely divided despite the names of several times, and they again lead to the instant offense.

Accordingly, the age, character and behavior of the accused, and circumstances after the crime are committed.

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