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(영문) 전주지방법원 정읍지원 2013.07.02 2012고단675
야간주거침입절도등
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. At night, on December 3, 2012, the Defendant: (a) opened a locked door at the victim D’s house located in regular Eup/Myeon on December 17:30, 2012; (b) opened and intruded into the entrance; and (c) opened in the warehouse, three strings equivalent to the market price of KRW 3,000, which was kept in the warehouse; and (d) stolen it.

2. On December 4, 2012, the Defendant attempted to larceny at night, around 03:30 on December 4, 2012, the Defendant opened a door set up in the victim D’s house at regular Eup/Myeon, and opened the entrance door of the warehouse, and did not commit an attempted crime, with the wind open to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on site photographs;

1. Relevant Articles 330, 342, and 330 of the Criminal Act concerning facts constituting an offense (a crime of larceny at night);

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

1. Article 62 (1) of the Criminal Act (including the fact that a person commits a crime and acknowledges his/her mistake, and the extent of damage is insignificant);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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