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(영문) 제주지방법원 2014.08.22 2014고단938
절도미수등
Text

A defendant shall be punished by imprisonment for one year.

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. On July 7, 2014, around 13:30, the Defendant: (a) opened a second floor building (the first floor, the victim E and the second floor) located in Seopopoposi C; (b) opened a gate and entered into the ma with the 2nd floor; and (c) opened a 2nd floor door through a stairs of the building; and (d) intruded the victims’ residence.

2. On July 7, 2014, the Defendant attempted to larceny: (a) opened a door in front of the “use restaurant” located in 10, 79 p.m. at the center of Seopopopo City, Seopopo City, 10 p.m. at the center; (b) opened a door in which the victim F, who was parked, did not lock the Grens car of the victim F; and (c) carried the money and valuables stolen to the police officer dispatched upon receipt of the report, and subsequently attempted to commit a wind.

3. On July 7, 2014, the Defendant interfered with the performance of official duties: (a) around 23:00, at the place specified in paragraph (2); (b) the police officer I belonging to the H district of the Western Police Station, which was dispatched to the site after having received a report 112, asked the Defendant whether he/she is the owner of the said car rental car; (c) requested the Defendant to present his/her identification card; (d) while avoiding the cross-roping and signing and avoiding this, I interfered with the police officer’s legitimate performance of duties concerning the handling of the 112 reported car cases by assaulting the Defendant to have a phone broken off at one time to request an electronic inquiry on

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police officer to I;

1. A statement prepared in F;

1. Application of Acts and subordinate statutes to investigative reports (12 reporters), investigative reports (12 reporters' telephone conversations), investigation reports (report on telephone listening to victims E), investigation reports (report on telephone listening to victims' residence intrusion), investigation reports (report on confirmation of the appearance of the victim's house and J's house);

1. Relevant legal provisions and the choice of punishment concerning facts constituting an offense: Articles 319 (1), 342, 329, and 136 (1) of the Criminal Act; the choice of imprisonment with prison labor;

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

1. Suspension of execution: Criminal Act;

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