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(영문) 광주지방법원 순천지원 2016.07.06 2016고단147
특수절도미수등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 12, 2015, the Defendant: (a) opened the kitchen window at around 06:00 on September 12, 2015, in the victim C’s house located in B at the time of the remaining female water; (b) did not commit an attempted crime because there was no stolen object; and (c) did not commit an attempted crime.

2. In case of intrusion upon residence and theft on the same day at around 07:00 on the same day, the Defendant did not discover objects to be stolen by intrusion through a door connected to “F” stores at the same time, and did not discover that objects to be stolen. The Defendant continued to open a adjacent door and had one gallon mobile phone at a level equivalent to 800,000 won at the market price located on the victim’s room.

Accordingly, the defendant invadedd the victim's residence and stolen the victim's property.

3. On October 18, 2015, the Defendant: (a) around 04:05, the Defendant: (b) opened and intruded the gate at the victim H’s house located in G2 level at the time of influence; (c) opened and intruded the gate through the second floor window; and (d) opened one bank in an amount equivalent to 300,000 won at the market price owned by the victim; and (c) stolen it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H, C, and E;

1. On-site photographs, fingerprints assessment results, photographs of the scene of the crime, data about the scene of the damage, and CCTV photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, Articles 342, 331(2) of the Criminal Act (the attempted special larceny), Article 330 of the Criminal Act (the thief by intrusion upon residence at night), Article 329 of the Criminal Act (the intention of Section 329), Article 319(1) of the Criminal Act (the occupation of intrusion upon residence and the choice of imprisonment) of the Criminal Act;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Inasmuch as the sentencing guidelines for sentencing under Article 62-2 of the Criminal Act are not applicable, and the crime of intrusion upon residence and the attempted crime are concurrent crimes with each other, referring to the lower limit of the sentencing guidelines.

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