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(영문) 대구지방법원 2020.06.11 2019고단2400
야간주거침입절도미수등
Text

A defendant shall be punished by imprisonment for six 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. Intrusion upon residence and attempted larceny;

A. On April 1, 2019, the Defendant: (a) around 09:00, at the Daegu Jung-gu B Gowon C; (b) entered the said Gosi-gu B Gosi-gu B Gosi-gu, Daegu-gu, where there is no victim D; (c) opened a window in the said Gosi-gu, which was not corrected after going on the side of the first floor and the front floor door rail; and (d) invaded inside the said E Gosi-gu, the Defendant did not commit an attempted money or goods, but did not have any intent.

B. On April 14, 2019, the Defendant: (a) entered the above Gowon E, in which the victim resides, using the gaps without the victim D, to drink money and valuables; and (b) received money and valuables from the Defendant around 10:15.

In the same way, the inside of the above E-protection room was intruded, and there was no money or other valuables, but did not have been attempted.

2. On April 15, 2019: (a) around 03:20 on April 15, 2019, the Defendant: (b) entered the above subparagraph C, the victim D’s above subparagraph E of the said subparagraph where the victim D resides to drink money; and (c) invaded inside the said subparagraph in the same manner as paragraph (a) of the said subparagraph; (d) but was unaware of the victim’s identity and did not bring about an attempted crime.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of D;

1. Written statements prepared in D;

1. Each photograph attached to a report on internal investigation (on-site inspection and CCTV verification);

1. Application of each of the Acts and subordinate statutes applicable to the internal report (CCTV verification and suspect specific);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 342 and 330 ( point of attempted larceny at night), 342 and 329 ( point of attempted larceny and choice of imprisonment) of the Criminal Act, and Article 319 (1) of the Criminal Act concerning the choice of punishment;

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the following conditions and the age, character and conduct, environment, and motive and means of the commission of the crime:

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