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(영문) 청주지방법원 2018.02.20 2017고단795
야간주거침입절도미수등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On April 30, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for larceny and two months of imprisonment with prison labor for special larceny at the Seoul Central District Court on April 12, 2014, and completed the execution of sentence in the Chuncheon Prison.

[Criminal facts]

1. A person who has attempted to larceny residence at night;

A. On December 7, 2016, the Defendant committed a crime against the victim C around 21:36, the Defendant attempted to commit a theft of property owned by the victim by breaking the Vietnam-do shocking net by her hand at the time of the victim’s house located in 105, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and by intrusion upon the victim’s house. However, the Defendant attempted to commit a theft of property on the wind that does not discover the property.

B. The Defendant committed the crime against the victim E by opening a scama, which was not corrected at the time of the victim’s gathering 102, such as the foregoing paragraph (a), and by intrusion upon the victim, attempted to steal the property owned by the victim, but was scam on the wind that did not discover the property.

2. At around 21:49, Dec. 7, 2016, the Defendant attempted to cut off the property owned by the victim of the said vehicle, which was parked by a stone located behind the G building located in the lower parking lot located in the west-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and sought to cut off the property owned by the victim of the said vehicle, which was owned by the victim, but the said vehicle was destroyed by damaging the said vehicle, which is owned by the victim, to the effect that the said vehicle was destroyed by KRW 529,300 at repair cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H, C, and E;

1. Investigation report (on-site conditions and CCTV images);

1. On-site photographs;

1. Response to a request for appraisal;

1. Written estimate;

1. A report on occurrence (any attempted theft by intrusion at night);

1. The ct v video data;

1. A report on investigation (at the time of committing the crime of the suspect's uniform);

1. Data of photographs;

1. Previous convictions: Inquiry about criminal history and investigation report (former and attachment of the judgment) (the defendant and his defense counsel had a mental and physical disorder under the influence of the defendant at the time of committing the instant crime;

One of the arguments, the evidence submitted by the prosecutor.

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