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(영문) 전주지방법원 군산지원 2016.03.28 2015고단1133
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On October 7, 2015, at around 04:55, the Defendant: (a) opened a entrance by placing the entrance in the window that was not corrected for the first time in the D main room B 103 of which the victim C is residing in Ysan-si B; and (b) intrudes into the entrance, and then, (c) 3.10,000 won of the cash owned by the victim in the wall of the victim’s locking floor was stolen.

2. On the 15th day of the same month, at around 06:07, the Defendant intruded the above studio B, where the victim E resides in the same manner as the preceding paragraph, and attempted to steals money and valuables owned by the victim, but the Defendant did not commit an attempted attempt, even if he did not come up with the wind that can be seen as the wind of the victim, in the course of diving.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement protocol against C and E;

1. Relevant photographs;

1. Application of each investigation report (in relation to the attachment ofCCTV on the screen by cutting off) and each investigation report (in relation to the confirmation of the hours of October 15, 190) to statutes;

1. Relevant Article 330 of the Criminal Act concerning the crime (the points of larceny at night) and Articles 342 and 330 of the Criminal Act (the points of attempted larceny by intrusion upon residence at night);

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] The basic area (one year to two years) of Article 62(1) of the Act on the Larceny for general property / [Determination of the sentence] The crime of this case is committed by the defendant who intrudes upon another person's residence and attempted to steals or to steals goods, and thus, the crime of this case is not somewhat weak. However, the crime of this case is committed against the defendant's mistake, the first crime is committed, and all other circumstances, including the defendant's age, sex, environment, family relationship, circumstances after the crime, etc. are considered to be attached to the sentencing of this case.

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