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(영문) 대구지방법원 김천지원 2017.01.12 2016고단1699
특수절도미수등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

A seized soil mos shall be returned to C by the victim.

Reasons

Punishment of the crime

On May 9, 2013, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Suwon Franchi, and completed the execution of the sentence on March 18, 2016.

1. Crimes against victims C;

A. The indictment of larceny by intrusion at night states that “the nighttime building intrusion larceny” is stated in this part of the facts charged as “the primary use”, and even if on-site photographs, the fact that the place where the crime was committed is a space used as a residence is recognized.

It was judged that it was not a part affecting the defendant's exercise of his right to defense, but it was corrected ex officio as above.

On October 3, 2016, at around 01:54, the Defendant: (a) opened a 2nd floor room where the injured party C (64 tax) operated by the E church and used it as a residence; and (b) cut off by having a 15,000 won (15,00 won (15,000 won) of the land owned by the injured party on his/her book.

B. On October 20, 2016, the Defendant attempted special larceny, at around 03:07, destroyed the window of the first floor office, and carried out into the window, with a view to thefting money and goods from the above E church. However, at around that time, the Defendant did not have attempted to commit a crime by breaking out his/her human dog at the time.

2. Crimes against victim F;

A. On October 20, 2016, at night, the Defendant: (a) had a second floor door installed in Gumi-si on October 20, 2016, which was not corrected by the victim F (44 years old); and (b) had a set of the set set of the set set of the set of the set of the set of the set of a coffee at the same place; (c) revoked the lock of the set of the set of the set of the set of the set of the victim, with approximately seven thousand won in the set of the set of the set of the set of the victim; and (d) cut off the set of the set of the set of the set of the set of the victim.

B. On October 29, 2016, the Defendant, at night, who intruded into a structure at night, enters the said H church in the same manner as described in the foregoing 2-Ga, around October 29, 2016, and in the same manner as described in the said 2-Ga, thereby creating a set of locks of coffee plates.

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