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(영문) 부산지방법원 2016.04.27 2015고단3275
야간건조물침입절도미수등
Text

A defendant shall be punished by imprisonment for six 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

1. On August 2014, the Defendant attempted to larceny at night buildings into a 20:00 square meters, which was first on the first day of August 2014, the Defendant: (a) went beyond the C building rooftop, which is next to the Plaintiff’s death on the rooftop, and (b) attempted to steal female clothes, etc., the market price of which is equivalent to 200,000 won, which the victim D opened on the rooftop; (c) but (d) failed to bring about an attempted crime without being discovered of the victim’s clothes, etc., which were

2. On April 9, 2015, the Defendant invadedd the victim’s house rooftop, which is a building object going beyond the Busan gate C building rooftop, where the victim D was living in the same manner as at the same place as before around 09:00, and in the same manner, the Defendant infringed on the victim’s house rooftop.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to victims;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 342, 330 (the attempted larceny of intrusion upon a structure at night) of the Criminal Act, and Article 319 of the Criminal Act (the point of intrusion upon a structure and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is committed by the Defendant, even though having previous convictions in the same kind of crime, has intruded on the victim’s house and attempted to steal clothes, etc. on the victim’s rooftop at night, and the nature of the crime is not easy.

However, considering the fact that the defendant is against the defendant, the damage is relatively minor, and all other circumstances, such as the defendant's health, age, environment, motive and background of the crime, and circumstances after the crime, the punishment as ordered shall be determined.

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