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(영문) 서울남부지방법원 2014.09.03 2014고단2843
특수절도미수등
Text

A defendant shall be punished by imprisonment for one year.

The same type of wallet (Evidence No. 1), crypt (Evidence No. 2), crypt (Evidence No. 1) as seized.

Reasons

Punishment of the crime

1. On July 23, 2014, the Defendant attempted to larceny at night, and around 22:00, at the victim D’s house located in Guro-gu Seoul Metropolitan Government, the Defendant passed the window of the front of the door door through the front of the door door, beyond the wall installed at that place.

The defendant continued to open an open door that is not corrected and prepared in advance by opening the door door between them, and scambling the secret by hand, etc., and scam the victim flicked with stolen objects.

Accordingly, the defendant did not commit a theft of property by intrusion upon another person's residence at night, and did not commit an attempted crime.

2. On July 23, 2014, the Defendant attempted special larceny: (a) around 22:10, at the victim E’s house located in Guro-gu Seoul Metropolitan Government, led to the front of the inner window, beyond the direction set up in that place.

At this place, the defendant tried to cut 7 windows of the safe guard room by preparing in advance, cutting out 7 windows of the safe guard room to prepare in advance, and drickly intrudes the windows by dracking them, but the hrack F of the Seoul Guro Police Station, which searched Madles, discovered and sound the hick F of the Seoul Guro Police Station, which searched Madles.

Accordingly, the defendant did not commit a theft of another person's property by destroying windows at night and impairing another person's residence, and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D and E;

1. Application of seizure records and list statutes;

1. Relevant Articles 342, 331(1) (a) and 342 and 330 (a) of the Criminal Act concerning facts constituting an offense;

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

1. The sentencing guidelines do not apply to each of the crimes of this case on the grounds of sentencing under Article 48(1)1 of the Criminal Act, since each of the crimes of this case was committed.

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