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(영문) 대구지방법원 서부지원 2014.05.16 2014고단116
절도미수등
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. Intrusion upon residence;

A. On September 10, 2010, the Defendant: (a) destroyed the window of a bath in front of the victim D’s house located in Daegu Suwon-gu Suwon-gu, and infringed upon the victim’s residence by leaving the room to steal the property.

B. On March 8, 2013, the Defendant entered the victim F’s house in Daegu-gun E, Daegu-gu, and intruded on the victim’s residence through the open window to steal the property in front of the victim F’s house.

2. Attempted larceny;

A. The Defendant invadedd at the time and place set forth in paragraph 1(a) as above, and obstructed the objects to be stolen from the arche, etc., but attempted to do so on the wind that does not have any stolen objects.

Accordingly, the defendant tried to steal the victim D's property, but did not commit the attempted crime.

B. The Defendant invadedd at the time and place specified in Paragraph 1(b), and then obstructed the objects to be stolen from a ward, etc., but attempted to do so with the wind without any objects to be stolen.

Accordingly, the defendant tried to steal the victim F's property but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (the confirmation of the date, time, etc. of damage to victims D);

1. Relevant provisions of the Criminal Act and Articles 342 and 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of fines for the crime;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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