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(영문) 창원지방법원 진주지원 2012.11.27 2012고단1023
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Night theft;

A. At around 03:40 on January 6, 2012, the Defendant discovered that J apartment 106 dong 204, J apartment 106 dong 204 was opened, and that the victim’s house window was opened, and that the first floor bed and entered the victim’s house room through the open window, and then cut down the cash amounting to KRW 1,50,000 owned by the victim within the hand room located at that place.

B. Around 03:10 on February 9, 2012, the Defendant discovered that the Victim M’s house windows were opened at the Victim M, 104 dong 204 dong 204 at Jinju, Jinju, and entered the Victim M’s house room through the above open windows, and then cut off the amount of KRW 300,000 in cash owned by the Victim N, within the bank located in the inner bank.

2. On February 15, 2012, the Defendant attempted to larceny at night, around 02:50, at the victim’s office located in Jinju L apartment 102 dong 302 and 302, the Defendant discovered that the victim’s house windows are in danger of opening, entered the victim’s house through open windows, and then cut off the victim’s house, and then cut off the object of theft at night, and then did not proceed to larceny by leaving the house.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of theO or P;

1. Each statement of M and K;

1. Each protocol of seizure;

1. A written appraisal;

1. Application of the Acts and subordinate statutes to photographs, such as tools for each crime, and CCTV photographs;

1. Article 330 of the Criminal Act applicable to the facts constituting an offense (a crime of larceny at night), Articles 342 and 330 of the Criminal Act (a crime of larceny at night);

1. Articles 26 and 55 (1) 3 of the Criminal Act for attempted suspension and mitigation;

1. Reasons for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The sentencing criteria shall be based on;

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