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(영문) 창원지방법원 2015.05.12 2015고단54
야간주거침입절도등
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is residing in Kimhae-si B 201, and the victim C is residing in the above loan No. 202.

1. At night, on October 28, 2014, the Defendant: (a) 19:30, on board a container installed on the first floor of the above Bara on the 1st floor; (b) putting the hand on the window of the victim, which was not corrected in front of the victim’s residence; (c) intruded the victim’s residence; and (d) dupliced the victim’s market price on the part of the victim’s ownership, which was prompt, brought about three pantytys for women.

2. On November 15, 18:00 of the same year, the Defendant attempted to larceny at night, by means of the aforementioned method, and opened a sloping window that was not corrected before the victim’s residence, and attempted to steal the female panty owned by the victim, but did not go to the victim’s son at night, but did not go to such intent.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes on reporting internal accidents (in the course of ascertaining sunset hours);

1. Relevant Article 330 of the Criminal Act concerning facts constituting an offense (a crime of larceny at night), Articles 342 and 330 of the Criminal Act (a crime of larceny at night);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act, which committed the crime of this case on the ground of the suspended sentence, does not have any criminal record, and there is no risk of committing the act of theft or attempted theft of clothes in a female by intrusion upon another person's residence at night, and there is no other criminal record, and there is a misunderstanding of errors. The circumstances and result of the crime of this case, including the defendant's age, character

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