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(영문) 광주지방법원 2016.05.26 2016고단1150
특수절도등
Text

1. The defendant shall be punished by imprisonment for a period of two years and six months;

2. The applicant for compensation shall be dismissed;

Reasons

Punishment of the crime

[Criminal record] On July 9, 2013, the Defendant was sentenced to two years of imprisonment by the Seoul Central District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the sentence on March 14, 2015.

[Criminal facts]

1. On December 15, 2015, the Defendant attempted to larceny special larceny: (a) destroyed the locking system of the windows of the house, which is unfolded with D with D; and (b) stolen another’s goods into the house, and has taken the house to steals it.

Around December 15, 2015, the Defendant and D came to gather the Victim F, which was located in Seo-gu, Seo-gu, Busan, Seo-gu, Incheon, 708 dong 103, 103 around the above place. While D viewed the network near the above place, the Defendant: (a) destroyed the window locker by inserting the dricker in the window crepan; (b) however, the sound entering the Defendant’s window did not go to the victim F, but did not go to such an attempt.

Accordingly, the defendant tried to steal another person's property in collaboration with D, but did not commit it but did not commit an attempted crime.

2. On February 26, 2016, the Defendant: (a) around 19:40 on February 26, 2016, at the victim H’s house located in G apartment 704, Goju-si around February 26, 2016; (b) destroyed and intruded the window locking device in the same manner as paragraph (1); (c) did not look at the stolen object inside the said house, but did not bring about an attempted crime without having any other stolen object.

Accordingly, the defendant attempted to steals another's property by destroying and damaging a part of a structure at night, but did not bring about such intent, but did not commit an attempted crime.

3. On March 12, 2016, the Defendant attempted to larceny special larceny around 19:50 on March 12, 2016, and around 19:50 on March 12, 2016, the Defendant destroyed and intruded the window locking device in the same manner as Paragraph 1, and subsequently did not commit an attempted crime, even though examining stolen objects in the above house, as there was no stolen objects.

Accordingly, the defendant is at night.

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