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(영문) 전주지방법원 2017.08.07 2017고단553
야간주거침입절도미수등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant, who distributes a leaflet for the recruitment of members of the Cocoin, shall send letters to the victim's home, who takes the first race at the victim's home, or request the movement of the vehicle.

If the victims are deemed to have no house, they had invaded on the residence of the victims to steal the property.

1. On December 13, 2016, the Defendant intruded upon a residence: (a) around 11:00 on December 13, 2016, when the victim D’s house C Apartment-gu, 101 Dong 302, the Defendant collected a password of the entrance door and intruded the victim’s house into the front of the house of the victim D.

2. At the same place as Paragraph 1, the Defendant stolen the victim’s property in total amount of KRW 2,310,000,00 in precious metals (two 14K florings, one pair of 14K florings, one Tbbbbbrics, one pair of 1 pair,18K 1 pair of 17,18 K Tbrics, three color-keepings, 18K penters, one 18K penters, one and one 14K mbrics, one cash donation, one blood donation, one card, and one pregnant woman 2 panty, etc.

3. On December 26, 2016, the Defendant attempted to larceny at night (round 17:24, when sunset) around 18:50 on December 26, 2016, the Defendant did not commit an attempted crime without gathering the entrance password in front of the victim E’s house 101 Dong-gu, 101, and 901, in front of the front line of the victim E’s house located in the front city of 101 Dong-gu, Yansan-gu, and in coloring the property to be stolen by taking the door inside the house, and the victim, who returned home due to the marin, listens to the sound of the entrance, and was hidden in the inner toilet.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, D, or E;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (related to the verification of additional damaged articles and unclaimed articles);

1. Article 319(1) of the Criminal Act applicable to the crime, Article 319(1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), Article 329 of the Criminal Act (the purpose of Section 1, the choice of imprisonment), Article 342 of the Criminal Act, and Article 342 of the Criminal Act.

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