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(영문) 대구지방법원 안동지원 2015.11.13 2015고단646
야간주거침입절도미수등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From Apr. 18, 2015 to Apr. 12:28, 2015, the Defendant entering a residence was in front of the victim D’s house located in Ansan Dong-si C during the period from Apr. 18, 2015 to 12:32 of the same day, and was in front of the second floor door through stairs, and invaded upon the victim’s residence.

2. On April 28, 2015, around 18:30 on April 28, 2015, the Defendant: (a) intruded into the victim’s D’s house at the same place as indicated in the foregoing paragraph 1; and (b) stolen the victim’s panty and brode, which is the market value, owned by the victim E, and opened under the lower bottom of the second floor warehouse.

3. On September 14, 2015, the Defendant attempted to steal property by intrusioning upon the victim D’s house at the same place as indicated in the foregoing paragraph (1) at night, but the victim discovered such intention had attempted to flee and attempted to flee.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each statement of D, E, and F;

1. Investigation report (to attach a photograph of CCTV images taken by the accused in the form of crime) (4/28);

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

1. Relevant legal provisions concerning facts constituting an offense, Article 319 (1) of the Criminal Act that prescribes the choice of a punishment (the point of intrusion upon residence, the choice of imprisonment), Article 329 of the Criminal Act, Article 342 and Article 330 of the Criminal Act (the point of attempted larceny at night);

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. [Scope of Recommendation] Basic area (one to two years and six months) of theft in general property.

2. [No person who has been specially punished]

3. [Decision of Sentence] The defendant, for a period of 2 years of suspended execution (the sentencing criteria are concurrent crimes under the former part of Article 37 of the Criminal Act between the crime setting the sentencing criteria and the crime of intrusion upon a non-established offender's residence, and the crime of larceny at night, and the crime of larceny at night, and the sentencing criteria are not applicable) in 8 months of imprisonment, steals the victim's clothes by intrusion upon the victim's house

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