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(영문) 대전지방법원 2014.01.07 2013고단4357
야간주거침입절도미수등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On November 1, 2013, at night, the Defendant attempted to larceny money and valuables in front of the “D” studio building located in Seo-gu Daejeon Special Metropolitan City, Seo-gu. On the other hand, the Defendant: (a) on the ground that the Defendant was able to steals money and valuables; (b) on the ground that the Defendant, on the other hand, loaded the gas pipeline installed on the outer wall of the building in question, opened a 307 studio window where the victim E resides in the building; and (c) went away through the window on the wind that the police officer and the victim sent out upon the report

Accordingly, the defendant tried to steal another person's property and attempted to do so.

2. At around 03:00 on the same day, the Defendant, who was living in a house, opened a 402 studio window where the victim F is living in, and intrudes into, the victim’s 402 studio 307, where the crime, as described in the preceding paragraph, was discovered, and attempted to capture arrest.

In addition, the above F, which had continuously been inside the above studio, has continuously intruded with the noise of play, and again, in the same way as the victim G out of the window, in the same way as the studio of the above 301 building where the victim G resides.

Accordingly, the Defendant invadedd the victim F and G residence respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Each statement of F, E, and I;

1. Application of Acts and subordinate statutes to each investigation report (each attachment photograph);

1. Relevant Articles 342 and 330 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Articles 342 and 330 of the Criminal Act (the attempted larceny at night), and Article 319 (1) of the Criminal Act (the points of intrusion upon residence and the choice of imprisonment

1. From among concurrent offenders, even though the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act had the record of having been sentenced to imprisonment for the crime of larceny, etc., the Defendant committed the same type of crime, such as armoring, and prepared tools for committing the crime of this case in advance, and attempted to intrude by using pipes on the outer wall of the building, considering the fact that the method of committing the crime is professional, etc., the Defendant may not be subject to considerable punishment, considering the circumstances.

(b).

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