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(영문) 부산지방법원 2017.05.25 2017고단1326
주거침입등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2017 Highest 1326"

1. On February 2, 2017, the Defendant infringed upon the residence of the victim and infringed upon the victim’s residence through the front door, which was opened in the victim D’s house located in Busan Young-do, Busan, on February 14, 2017.

The Defendant, upon intrusion upon the victim’s residence, stolen and stolen goods worth KRW 34,980 in total, including a total of 34,980,00 won, such as a healthy site owned by the victim, tobacco, spawl, spawl, spawl, spathl, a disposable painting, a garbage bag, a garbage bag, and a arttain.

2. On February 2, 2017, the Defendant attempted to larceny at night, on or around 23:45, 2017, the Defendant was aware of the victim F, who was living on the second floor, and did not commit an attempted crime, while entering the G restaurant building where the victim F, who was living in Busan Young-gu E, and entering the building, with the intention to steal the first floor up to the second floor in which the victim was living.

『2017 고단 1359』 피고인은 2017. 2. 12. 14:25 경 부산 영도구 H에 있는 피해자 I의 집에 이르러 재물을 절취할 생각으로 시정되어 있던 대문을 열고 마당 안으로 침입한 후 현관문을 열고 집 안까지 들어가다가 피해자가 깜짝 놀라 “ 누구요 ”라고 소리치자 그대로 도망하였다.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

"2017 Highest 1326"

1. Statement by the defendant in court;

1. Statement made by the police with regard to D or F;

1. Protocols of seizure and list of seized articles, and photographs of seized articles "2017 Highest 1359";

1. Statement by the defendant in court;

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

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (a point of intrusion upon residence, choice of imprisonment), Article 329 of the Criminal Act (a point of Section 329 and choice of imprisonment), Articles 342 and 330 of the Criminal Act (a point of attempted larceny of night residence chips) concerning the crime;

2. Articles 25(2) and 55(1)3 of the Criminal Act (no. , 55) of the Criminal Act for mitigation of attempted punishment.

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