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(영문) 대전지방법원 2015.11.19 2015고단3465
특수절도미수등
Text

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

The seized evidence Nos. 1 through 4 of the Daejeon District Public Prosecutor's Office (Seoul District Public Prosecutor's Office No. 1391).

Reasons

Punishment of the crime

1. Around October 6, 2015, the Defendant prepared to put in the outer slot machine one, a Stick type electronic percussion locks, which is a dangerous object purchased at an Internet site, one hand (19cc in total length), a multi-purpose knife (17cc in total length, 7cc in knife length) and one knife (7cc in knife length) which is a dangerous object purchased at the Internet site.

Then, at around 23:00 on the same day, the Defendant entered the wall in front of the victim E’s house located adjacent to his own house, and laid the trees in front of the wall in front of the other party’s house, and went on the roof, and opened the door door of the second floor, and opened a window not locked after opening the door, but went into the door. However, the Defendant did not bring a fluorb of the body, and did not bring the fluor of the body, and did not bring the fluor into the house, and did not bring about the intent.

Accordingly, the defendant carried dangerous articles and attempted to steal the victim's property.

2. When the Defendant, who violated the Control of Firearms, Swords, Explosives, etc. Act, intends to possess electronic percussion locks, he/she purchased and possess one scoke type electronic percussion lock at an Internet site on January 2015 without obtaining permission from the chief of the competent police station, and possessed enormous electronic percussion lock without obtaining permission.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes concerning police seizure records and seizure lists;

1. Article 342, Article 331 (2) and (1) of the Criminal Act (which means attempted special larceny), subparagraph 1 of Article 71 and Article 12 (1) of the Control of Firearms, Swords, Explosives, etc. Act (the possession of electronic percussion locks without permission, and the selection of imprisonment);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing of Article 48(1) of the Criminal Act is different.

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