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(영문) 서울동부지방법원 2014.11.18 2014고단3076
야간주거침입절도미수
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On September 21, 2014, around 21:40 on September 21, 2014, the Defendant intruded the victim D in Songpa-gu Seoul, and the victim E, under the ground B04 residing together, into a ward, and tried to steal the victim D, who was on the scam, and was on the scambling. However, the Defendant escaped out of the scambs, as he was discovered to the victim D.

At around 21:50 on the same day, the Defendant continuously attempted to steals property by following the bank owned by the victim E, which was placed on the floor, by returning back to the same place as above, and intrusion into the said facility through a small room window. However, the Defendant attempted to commit an attempted crime against the victim E.

Accordingly, the defendant attempted to steals property by intrusion upon the victim's residence at night.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to E and D;

1. Articles 342 and 330 of the Criminal Act applicable to the crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is against the defendant, and there is no record of punishment in addition to one fine due to drunk driving, the crime was committed in an attempted crime and no particular injury did not occur, and the punishment is determined as ordered in consideration of the overall circumstances.

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