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(영문) 서울중앙지방법원 2017.10.11 2017고단5361
야간주거침입절도미수등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

【The Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court on September 7, 2016, and completed the execution of the sentence at the Seoul Detention Center on February 8, 2017.

【Criminal Facts】 2017 Highest 5361】

1. At night, the Defendant attempted to larceny residence at night, had the victim D's house located in Jung-gu Seoul Metropolitan Government, in order to steals the things.

On July 22, 2017, around 02:25, the Defendant: (a) loaded a drainage pipe installed on the wall of the lower wall of the instant house; (b) obstructed the windows on the second floor with the roof of the first floor extending over the said window, and placed the head of one of them into the house of the damaged person; (c) however, the Defendant did not commit attempted to take the window on the wind, i.e., the wind from the door to the sound of the window to the damaged person and the victim’s height.

"2017 Highest 5823"

2. On July 6, 2017, around 17:30, the Defendant infringed upon the victim’s residence by opening a wooden entrance with a space between the building and the next building in Seoul Special Metropolitan City, Gwanak-gu, and by attempting to open and enter the victim’s dwelling window at a height of about 170 cm with a 170 cms by cutting down the hushes of the above building at a height of about 170 cm with the victim’s dwelling.

Summary of Evidence

"2017 Highest 5361"

1. Statement by the defendant in court;

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

1. Statement made by the police against D;

1. Investigative reports, detailed data on criminal records, criminal investigation reports (Attachment of criminal records and judgments, etc. of the same criminal suspect), seven copies of judgement, and criminal investigation reports (to listen to statements of victims);

1. References to inquiries, such as criminal history, investigation reports (verification of suspect, repeated crime, etc.), and copies of the judgment, respectively, and one copy of the personal confinement status “2017 order 5823”;

1. Statement by the defendant in court;

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

1. Statement of the police statement related to G;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the on-site investigation report;

1. Articles 342, 330, and 330 of the Criminal Act concerning the crime.

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