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(영문) 서울중앙지방법원 2013.04.23 2013고단1377
야간주거침입절도미수등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On October 26, 2012, around 11:55, 2012, the Defendant: (a) entered the entrance number of the entrance, which he/she became aware of in the course of teaching with the victim C in Gangnam-gu Seoul building 1303; (b) cancelled the entrance, and intrudes into the house; and (c) removed the entrance’s correction; and (d) removed the entrance, one clock for women, the market price of which is 500,000 won, owned by the victim at the inside and outside of the entrance.

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

2. On November 7, 2012, around 04:04, the Defendant attempted to larceny at night, upon intrusion upon the victim’s house, and attempted to shoot the victim’s house, and then stop committing a crime with his/her own risk of conscience.

3. On November 9, 2012, around 05:24, the Defendant taken 50 million won in cash from the victim’s home located in his/her clothes at a small room at the victim’s home.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the interrogation of suspects of E;

1. Statement of D police statement;

1. Each investigation report (the attachment of purchase books, the examination of victim D telephone recording, a summary of suspect video recording);

1. CCTV photographs;

1. Application of Acts and subordinate statutes on the purchase account books;

1. Article 319 (1) of the Criminal Act, Articles 329, 342 and 330 of the same Act concerning the facts constituting an offense;

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

1. From among concurrent criminals, the scope of recommendations and sentences for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (referring to lower limits): - Influence of crimes in August to November 1: 8: 8 to 11: 8 to 1.6 (Mitigation area; 'self-denunciation’) - General larceny of Crimes: April to October (Mitigation area; 'self-denunciation’) - Aggravation of multiple crimes (the upper limit of crimes 1/2) (the upper limit of crimes 1 to 2) - The Defendant’s property even before the instant case.

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