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(영문) 부산지방법원 2015.03.04 2015고단274
특수절도미수등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized divers (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On March 14, 2012, the Defendant was sentenced to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Busan District Court's branch branch court, and completed the execution of the above punishment on January 10, 2014.

[2015 Highest 274] On January 8, 2015, the Defendant, at around 21:00, entered the victim D's house located in Busan So-gu Busan Metropolitan City, with a gate opened in order to steals cash, and then destroyed the lock door of the first floor of the dracker, which was prepared in advance, destroyed the lock door of the dracker, and carried into the door, and attempted to escape out of the dracker, but was arrested by the victim who opened the dracker, and then was arrested.

[2015 Highest 584]

1. On January 4, 2015, at around 08:58, the Defendant entered the victim F’s house located in the Busan Dong-gu, Busan, by entering the Defendant’s house, and then destroying the locking device of the kitchen, which he had been in possession, and invaded the victim’s house into the victim’s house.

2. The Defendant, at the time and place indicated in the preceding paragraph, stolen, by putting a 150,000 won (1.50,000 won) of the market value of the victim’s possession, which was contained in the victim’s cushion in the victim’s cushion plastic paper.

Summary of Evidence

[2015 Highest 274]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The police seizure record and the list of seizure;

1. Each photograph (2015 Godan584);

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written statement prepared by the F (before the date of market approval);

1. Application of Acts and subordinate statutes to inquiries into criminal records, etc., investigation reports (the attachment of written judgments and confirmation of the expiration of punishment execution);

1. Relevant legal provisions concerning criminal facts, Articles 342 and 331(1) of the Criminal Act (the charge of attempted special larceny), Article 319(1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), and Article 329 of the Criminal Act (the point of larceny and the choice of imprisonment) of the choice of punishment.

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