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Reasons
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(영문) 광주지방법원 순천지원 2014.04.15 2013고단2468
특수절도미수등
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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 of the final judgment.

Reasons

Punishment of the crime

In order to raise living expenses, the defendant entered an abandoned house with friendship C, and stolen another person's property and gathered it.

1. On June 2013, the Defendant, along with the foregoing C, went into the front of the Victim E, who was in W from around 12:00 to around 14:00, and stolen things in front of the body of the victim E, and the said C, waiting in the vehicle, reported the network, and the Defendant intruded into the house in an unrecepted gate.

Accordingly, the Defendant infringed upon another person’s residence jointly with the above C.

2. On June 6, 2013, between around 12:00 and 14:00, the Defendant, along with the above C, entered the victim G in F at the time of influence with a view to stealing, and opened the floor window and opened the ridge with an inner gate, and went back to the inner gate, and did not discover any material that could have, but did not result in an attempted crime.

Accordingly, the Defendant, together with the above C, tried to steal another's property, and attempted to commit it.

3. On June 2013, the Defendant, along with the foregoing C, committed a theft from around 12:00 to around 14:00, in the front of the Victim I’s house located in Henh at the time of influence, and reported the network outside the said C, and the Defendant intruded into the house through an unrecepted gate.

Accordingly, the Defendant infringed upon another person’s residence jointly with the above C.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of public prosecutor C;

1. Each police statement of E and G;

1. Application of statutes on site photographs;

1. Article 342 of the Criminal Act and Articles 331 (2) and (1) of the Criminal Act (the occupation of attempted special larceny), Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, and Article 319 (1) of the Criminal Act (the occupation of joint residence intrusion and the choice of imprisonment) of the same Act concerning criminal facts;

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.

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