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(영문) 창원지방법원 통영지원 2013.07.04 2012고단1119
야간건조물침입절도미수
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 03:40 on July 18, 2012, the Defendant invadedd the 515 Maro Hospital located in the Pativedong at Sinyoung-si, and did not commit an attempted crime by spreading it to D who was hospitalized in the same sick room, and did not escape.

Summary of Evidence

1. Witness D's testimony;

1. Application of the police protocol law to C

1. The defendant and his/her defense counsel's assertion of the defendant and his/her defense counsel under Articles 342 and 330 of the Criminal Code of the relevant criminal facts asserted that the defendant and his/her defense counsel are facts between the date and place of crime as stated in the judgment of the defendant, but this was intended to interview E known to the defendant, and at that time there was no fact behind the victim's Australia money

The following circumstances revealed by the evidence duly examined by this court, namely, ① the defendant met E even before the date and time and place of the crime, and the defendant met at night 10:3:40 minutes after considering the defendant's occupation, it is very exceptional to visit the hospitalized patient at night. ② The defendant stated in an investigative agency that he was aware of E's contact position accurately but he stated that he was able to confirm whether he was E, and there is contradiction in his argument itself. ③ The witness D made a different statement on the method of arrest on the ground that he was able to take the defendant's hand at the investigative agency, but the defendant stated that he was able to take the defendant's seat in this court, but the defendant stated that he was accurately seen that she followed the Australia in the victim's seat, it is consistent, and there is no interest in the witness's mind that he did not have an access to the witness.

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