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(영문) 대구지방법원 서부지원 2018.10.02 2017고단3026
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 10, 2017, the Defendant attempted to larceny at night, in the victim D’s residence located in Daegu-gu, Daegu-gu, Daegu-gu, about 02:00, and then stolen the victim’s clothes and intrudes into the said residence by exposing the windows outside the said residence with a view to larcenying the victim’s clothes, and then invaded into the said residence. However, the Defendant was deemed to have failed to discover the goods to be stolen and failed to commit the attempted crime.

2. On November 21, 2017, around 04:21, 201, the Defendant: (a) went into the residence of the victim D as indicated in the foregoing paragraph 1. Around November 21, 2017; (b) went into the said residence by putting the hand into an open window in a way as described in the foregoing paragraph; (c) intrudes into the said residence; (d) panty 2,00 won in total of the market value of the victim’s ownership in the dry belt; and (e) theft by having a panty 2,00 won and a b

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. Seizure records;

1. On-site photographs, damaged photographs, CCTV images, and closure photographs;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of photographs of damaged articles), investigation reports (Attachment of on-site photographs);

1. Relevant Article 330 of the Criminal Act concerning the crime, and Articles 342 and 330 of the Criminal Act;

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

1. In full view of all circumstances such as the fact that there is no agreement with the victim on the reason of sentencing under Article 62(1) of the suspended sentence under the Criminal Act, and that the defendant does not repeat the crime by recognizing and opposing his mistake, the first offender, the degree of damage, the circumstances of the crime, and the degree of the crime, etc., the sentence is ordered as set forth in the Disposition.

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