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(영문) 부산지방법원 2012.12.12 2012고단8790
야간주거침입절도등
Text

1. The defendant shall be punished by imprisonment for eight months;

2.Provided, That the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On September 20, 2012, around 20:30 on September 20, 2012, the Defendant: (a) cut off the victim’s house in the victim D’s residence located in Busan Northern apartment C apartment 204 dong 103, 204, and 103; (b) the victim opened a bend window and intrudes the victim’s house with the first floor flower; and (c) then, (d) the victim’s house was cut off with one electronic key to the entrance door door, where the market price, which was the victim’s possession, in the front string house, could not be known, in order to confirm whether the victim was living together with another male who did not come.

2. Around 10:00 on September 2, 2012, the Defendant attempted to intrude upon residence, but there was no answer. However, the Defendant tried to open and intrude the entrance door with a stolen-friendly key, such as paragraph (1), but the Defendant did not commit an attempted attempt, even if the victim’s friendly appearance E was front of the entrance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to photographs (instigious keys and text messages);

1. Relevant Article 330 of the Criminal Act concerning the facts constituting an offense (the points of larceny at night), Articles 322 and 319 (1) of the Criminal Act (the points of attempted intrusion on residence);

1. Selection of each sentence of imprisonment;

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

1. It is so decided as per Disposition for the reason that Article 62(1) of the Criminal Act (the fact that the probation recognizes and reflects the criminal conduct, and that there is no criminal conviction or heavier than the probation) is more than the sentence;

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