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(영문) 울산지방법원 2014.06.13 2014고단1181
절도미수등
Text

A defendant shall be punished by imprisonment for six months.

The evidence 1 and 2 of the Ulsan District Prosecutors' Office 2014.614 shall be confiscated.

Reasons

Punishment of the crime

On September 26, 2013, the Defendant was sentenced to a suspended sentence of two years on August 5, 2013 by the Ulsan District Court for a crime of intrusion upon residence and a crime of larceny, and the judgment became final and conclusive on October 5 of the same year.

1. On May 5, 2014, at around 14:20, the Defendant invaded upon another person’s residence to steal money and valuables, with a view to getting involved in the commission of the crime, and was divided into the body of the victim D in Ulsan Jung-gu, Ulsan-gu, in order to verify whether there was one person at the house of the victim D, who was in charge of the crime, but without any seal, the Defendant, who was going up on the rooftop of the above building, went into an inner door through a window without correcting the said house, and went into the victim’s residence.

2. In order to steal property after intrusion upon the victim’s house at the above place in the above manner, the Defendant did not commit an attempted crime but did not commit it with the wind discovered by the victim during the course of following the scams, etc. located therein in order to steals property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A photograph of the scene of crime;

1. Seizure records;

1. Previous records: Application of inquiries, such as criminal records, etc., investigation reports (attached to the same criminal records and written judgments);

1. Relevant legal provisions concerning facts constituting an offense and Articles 342, 329 ( point of attempted larceny) and 319 (1) ( point of intrusion upon residence) of the Criminal Act of the choice of criminal punishment - Selection of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with punishment prescribed for a crime of larceny heavier than punishment);

1. The heads of offenses under Article 48 (1) 1 of the Criminal Act to be forfeited;

1. The scope of the recommended sentence on the sentencing guidelines [the crimes subject to the sentencing guidelines] the scope of the sentence [the decision of the sentence] on the attempted larceny (the decision of the sentence] on the general property, the types of larceny [the scope of the punishment of the recommendation] shall be sentenced to imprisonment for six months from six months to one year and six months (the basic area] from one year and six months: the crimes subject to the sentencing guidelines and the sentencing guidelines are set.

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