(영문) 창원지방법원 2017.12.14 2017고단3767

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2017.12.14 2017고단3767

야간주거침입절도미수등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On July 16, 2014, the Defendant was sentenced to imprisonment for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Changwon District Court, and completed the execution of the sentence at the Port Prison on October 13, 2016.

[Criminal facts]

1. On August 19, 2017, at around 15:00, the Defendant: (a) entered an abandoned house and opened a gas pipeline installed on the wall with the mind that he would steals money and valuables; and (b) opened a window not corrected under 302, the house of the victim D; and (c) used any creb in the victim’s market value, the market value of which is equivalent to KRW 200,000,00,000, in total, KRW 30,000,000,000, in total, money and valuables equivalent to KRW 4.92,000,000, in total.

Accordingly, the defendant invadedd the victim's residence and stolen the victim's property.

2. On October 18, 2017, the Defendant attempted to larceny property by entering an abandoned house and attempting to steal money and valuables from the fifth floor complex building in Kimhae-si, Kimhae-si around 05:30 on October 18, 2017, and opening a window installed on the wall of the said building and opening up up to five floors from the wall of the said building to the fiveth floor, where the victim’s house was not corrected from the 5th floor room, and the Defendant attempted to steal property, but, if he was fright to the victim, the Defendant failed to open the entrance at the place and escape and complete the purport.

Accordingly, the defendant invadedd the victim's residence at night and tried to steal the property, but he attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. Report on internal investigation (Nos. 4, 5, and 6 in the list of evidence);

1. A protocol of seizure and a list of seizure;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, text of judgment and the current status of personal expropriation;

1. Relevant legal provisions concerning criminal facts, Articles 342 and 330 of the Criminal Act concerning the choice of punishment (the attempted larceny at night) and the Criminal Act.

참조조문

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