(영문) 대구지방법원 서부지원 2018.01.19 2017고단2088

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(영문) 대구지방법원 서부지원 2018.01.19 2017고단2088

야간주거침입절도미수

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A defendant shall be punished by imprisonment for one year.

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

On July 23, 2017, at around 01:50, the Defendant took a truck parked in the vicinity of the Daegu Building C, and attempted to steal the property of the victim by breaking the gas pipeline installed on the outer wall of the said building through the window upon the victim D’s house located in the said building 20, but the Defendant attempted to steal the property of the victim. However, on the other hand, the Defendant was aware of the victim’s male-child room located in the victim’s house with his face to open the victim’s home window and enter the faces with his face, and the Defendant was able to escape with the wind.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police against D;

1. A report on the results of field identification and a detailed statement of the processing of reported cases;

1. Each CCTV photograph;

1. Protocols of seizure and list of seizure [the defendant and defense counsel acknowledged facts, but there was no intention to larceny;

Therefore, the defendant's intention, which is a subjective element of the constituent elements of the crime, cannot objectively prove the criminal intent itself, and therefore, it is inevitable to prove it by means of proving indirect facts or circumstantial circumstances related to the criminal intent in light of the nature of the object. According to the evidence duly adopted and investigated by this court, the following circumstances acknowledged by the court: (i) the defendant, who walked in the alleyway of the victim, was sexually related; (ii) the victim's sound was frightened; and (iii) the sound was the victim's house; and (iv) the sound was the victim's house; and (v) the defendant committed the act identical to the facts charged in order to hear the sound.

However, the victim's studio is very likely to cause sexual intercourse to the first floor because it reaches 4m 50cm in the height of the victim's studio crime prevention window and the first floor, and the noise of sexual relationship is low in the alleyway.

유사 판례

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