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(영문) 인천지방법원 2014.10.08 2013고단6806
야간건조물침입절도미수등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

around 18:25 on October 17, 2013, the Defendant: (a) opened an unlocked door and intruded into the underground warehouse managed by the victim C in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; and (b) attempted to steal the victim with one body, one chair, one air conditioner, one petroleum column, and one water purifier in the total market value of the victim’s storage, and attempted to steal the victim, but the Defendant attempted to commit the wind, which is discovered to the victim.

The Defendant, “2014 Highest 164,” was a member of the homeland reserve forces, and on June 27, 2013, the Defendant failed to report the relocation of the place of residence to make it impossible to deliver the notice of the call-up for training even though he/she moved his/her residence to a non-commercial area D, thereby making his/her resident registration unknown.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of the police statement regarding C;

1. A written accusation;

1. Application of Acts and subordinate statutes to photographs;

1. Relevant Articles 342 and 330 of the Criminal Act concerning criminal facts, and Articles 15 (2) and 6-2 of the Establishment of homeland Reserve Forces Act (the point of registration of unknown residence and the choice of imprisonment);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that a criminal is recognized, and the fact that a thief has committed an attempted crime is committed);

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