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(영문) 대전지방법원 천안지원 2015.06.29 2015고단727
특수절도미수
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On July 12, 2012, the Defendant was sentenced to a maximum of one year of imprisonment for special larceny, etc., and a short of six months, on January 30, 2013 at the Kimcheon Juvenile Reformatory, and the parole period expired on February 27, 2013.

【Criminal Facts】

On April 16, 2015, the Defendant, around 01:53, went beyond her back to the 'E operated by Seo-gu, Seo-gu, Seo-gu C victim D'.

After destroying the entrance and hand of an office, the Defendant attempted to intrude into the office and steals money and valuables, but the emergency bell installed there was an escape from the office.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. Written statements of D;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (a confirmation report accompanied by a written judgment and a scheduled date for expiration of the term);

1. Articles 342 and 331(1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. It is so decided as per Disposition for reasons not less than Article 53 or 55(1)3 of the Criminal Act for discretionary mitigation;

As to the defense counsel's assertion, the facts charged of this case show that the defendant's emergency bell was cut off while he was damaged by the drick of the office entrance of E, and thus, the defendant did not intrude into the dwelling of people, the dwelling of people, the dwelling of people, the building, the ship or the room occupied by the ship or the room of possession. Furthermore, since the defendant did not attempt to commit the act of damaging the building or the damage of property, the defendant does not constitute an attempted special larceny, apart from the establishment of the crime of intrusion upon the building or the damage of property.

However, special larceny in Article 331, Paragraph 1 of the Criminal Code is door at night.

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