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(영문) 대전지방법원 홍성지원 2019.05.15 2018고단928
야간방실침입절도미수
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 16, 2017, the Defendant was sentenced to imprisonment with prison labor for night-time intrusion larceny in the Gangwon District Court of Chuncheon on March 16, 2017, and on January 2, 2018, the Defendant completed the execution of the sentence.

At around 04:30 on August 5, 2018, the Defendant, via the entrance door of the pertinent accommodation facility, which was operated by the victim C in Bocheon-si B, and was not corrected for the purpose of theft of another’s property, went into the said accommodation facility, opened a door of the said accommodation facility E, and opened the entrance into the said accommodation facility. However, the Defendant’s opening of the door on the wind, opened the door of the said room on the same floor, opened the door of the said room on the wind, and checked the inside of the said room, and attempted to have the door opened and opened the door on the wind of the victim from the door.

Summary of Evidence

1. Legal statement of witness G;

1. Some statements made by the police of the accused and each protocol of examination of the prosecution;

1. On-site photographs;

1. A written agreement;

1. The court branch;

1. Before the judgment: The defendant and his defense counsel denied the criminal intent of theft by asserting that the defendant had entered the above accommodation due to the sudden change of the toilets at the time. However, the following circumstances acknowledged by the evidence, i.e., the defendant, despite the defendant's statement that the defendant was rapidly changing from the investigative agency to the above accommodation, he did not request the taxi article to leave the public toilet near the public toilet. ② The surrounding area of the above accommodation is a bathing beach adjacent to the toxic water at the time, including other business establishments such as a hotel operating night in addition to the public toilet (the defendant, even if there were many facilities that can use toilets in a normal way, could not be known that the business owner was broken.

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