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(영문) 수원지방법원 안양지원 2013.05.09 2013고단291
특수절도미수등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Attempted special larceny;

A. On June 29, 2012, around 03:00 on June 29, 2012, the Defendant: (a) removed and destroyed a shock network installed at a small window in order to steal cash, etc. located therein; and (b) did not intend to collect losses by means of a plan; (c) did not have the intent on the wind, which is the wind of the victim C; and (d) did not have the intent on the part of the victim.

B. On July 6, 2012, the Defendant was above the Defendant around 03:00.

In order to steals cash, etc. located at the place stated in the port, the above victim was not able to have such intention by the wind, while removing a shock net installed at a small window.

2. At around 06:00 on July 14, 2012, the Defendant collected losses through a small-scale window opened for the purpose of Dapo apartment 517 Dong-dong 907, a domicile of the victim E, and infringed upon the victim’s residence, and then cut off the transportation cards charged with KRW 32,000 and KRW 15,000 on the wall located within the victim’s household.

3. On July 19, 2012, around 10:45, the Defendant: (a) considered the victim E, the victim E, who was divingd, as the victim E’s residence; (b) was at least 517 Dong-dong 907, the victim’s bank 517-dong 907, and went into the house through a small door door to commit the crime; and (c) went into the house and into the small door through the open door door for theft; (d) however, the Defendant did not go through the wind that the victim F, who was broken out from diving, she did not go through the wind.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, F, and E;

1. Application of Acts and subordinate statutes of investigation intelligence reports;

1. Relevant provisions of the Criminal Act concerning criminal facts and Articles 342, 331(1) (a) of the Criminal Act, Article 319(1) (a) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act concerning the choice of punishment (a person who attempts to larceny), Articles 342 and 329 of the Criminal Act;

1. Aggravation for concurrent crimes;

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