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(영문) 광주지방법원 목포지원 2013.12.16 2013고단1570
야간주거침입절도등
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. At night, at around 02:00 on September 24, 2013, the Defendant: (a) went back the entrance knobs of the victim C, and opened a entrance, and intrudes into the room of the victim on the second floor through stairs, and then brought about five panty panty 5 and five brods for women, where the market price on the victim’s knobs in the second floor cannot be determined as soon as possible; and (b) was stolen.

2. On October 9, 2013, the Defendant attempted to larceny the victim’s house at night and around 02:30 on October 9, 2013, and then stolen the clothes of female clothes. However, the Defendant did not commit an attempted crime, even though he tried to have the victim’s house opened the entrance by returning the victim’s house door knick, and opened the entrance to the second floor, and listened to sound, which is opened with the stairs going to the second floor, and instead, he did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of the police statement of E;

1. Written statements in C and D;

1. Application of Acts and subordinate statutes stating investigative reports ( telephone communications of victims on the volume of damaged goods);

1. Article applicable to criminal facts;

(a) Night time theft: Article 330 of the Criminal Act;

(b) Night time theft: Articles 342 and 330 of the Criminal Act;

1. Of concurrent crimes, the provision of the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act or more (i.e., no previous convictions);

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