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(영문) 서울중앙지방법원 2014.05.16 2014고단1828
절도미수등
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

On February 18, 2014, the Defendant: (a) cut two of the crime prevention windows of external windows at the home of the victim G located in Dongjak-gu Seoul Metropolitan Government F on an irregular time basis; (b) opened the house, damaged the glass part of the corrective device of internal glass by destroying it; (c) continued to open a door in a shoulder door and open a door up to the door; (d) invaded the victim’s residence; and (e) went into the victim’s house in order to steal money and valuables, but did not discover money and valuables, but failed to commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A photo on the scene of occurrence;

1. Ascertainment of the processing details of the cases related to the DNA Register, and inquiry into the instructions to resume the investigation of the unclaimed case, and convict DNA personal information;

1. A report on occurrence;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Records 12, 13, 67 pages);

1. Relevant provisions of the Criminal Act and Articles 366 (Destruction of and Damage to Property, Selection of Imprisonment), 319 (1) of the Criminal Act, Articles 342 and 329 of the Criminal Act concerning criminal facts;

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. Determination is based on the following: (a) the Defendant’s reason for sentencing under Article 62-2 of the Probation Criminal Act is against each other; (b) the commission of larceny was committed; (c) the victim was not punished; and (d) the Defendant was sentenced to imprisonment for the same kind of crime in 2010. It is so decided as per Disposition on the grounds above.

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