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(영문) 수원지방법원 안양지원 2015.03.12 2015고단29
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight 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. The Defendant attempted at night, in order to meet his/her sexual desire, intrudes another’s residence at night, steals his/her clothes, steals his/her female clothes, and intrudes into the victim D’s house located in the Manyang-gu, Mayang-gu, Mayang-si, Mayang-si, Manyang-si, before the victim D’s house located in the Manyang-gu, Manyang-gu, Manyang-si, Manyang-si, Manyang-si, and then did not commit an attempted crime because he/she followed the laundry machine installed in front of the Man-gu, Man-gu, in order to recover clothes for women’s sake.

2. On the 31st of the same month, the Defendant: (a) invadedd the victim’s house, such as at night 03:40 prior to the same month; (b) opened the said laundry machine; (c) opened the victim’s house; and (d) took one panty panty for women, and one fluor fluor 20,000,000 won in the market price of the victim’s ownership, and stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant Articles 342 and 330 of the Criminal Act concerning facts constituting an offense (the attempted larceny at night) and Article 330 of the Criminal Act;

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. In order to engage in self-defense in sentencing under Article 62-2 of the Criminal Act, the Defendant: (a) invaded upon the victim’s house at night and attempted to steals female clothes; (b) did not long; and (c) committed theft of female clothes, etc. by intrusioning the victim’s house at night; and (d) it is not good that the nature of the crime is heavy in light of statutory punishment, purpose or background of the crime, object, method, repetition, etc.

In addition, the defendant was sentenced to the suspension of indictment on the ground that he stolen clothes of female clothes that were promptly dried in 201.

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