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(영문) 부산지방법원 2013.10.24 2013고단4560
야간주거침입절도미수등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On June 21, 2012, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Busan District Court on February 15, 2013, and completed the execution of the sentence in the Busan Correctional Institution on February 15, 2013.

1. On July 28, 2013, around 22:10 on July 28, 2013, the Defendant attempted to larceny at night, entering the victim’s house and into the victim’s residence after having stolen the object in front of the victim’s D’s house located in Busan Dong-gu, and having intruded on the victim’s house. However, the Defendant attempted to commit the crime without theft of the property owned by the victim’s owner on the wind that the dog located inside the math of the math and escaped beyond the wall in the direction of playing away from the wall.

2. Intrusion upon residence;

A. On July 28, 2013, the Defendant, who committed the crime against the victim E, escaped for the same reason as the above Paragraph 1, and entered the victim E’s house outside of the fence and invaded the victim’s residence.

B. On July 28, 2013, at around 22:17, the Defendant committed the crime against the victim D, as set forth in Article 2(a) of the above Act, when he was aware of the sound to the neighboring residents by breaking the gate gate, which was under the wall, and harming the victim’s house gate, the Defendant discovered the victim’s house gate gate in the above G gate, discovered the victim’s house gate gate in the above G gate, and intruded the victim’s residence by opening the closed victim’s house gate, opening the house gate gate gate, and breaking it through the window.

Summary of Evidence

1. The defendant's legal statement;

1. Legal statement of witness D;

1. Statement of each police statement of E and D;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (applicable mutatis mutandis to personal records and investigation reports);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 342 and 330 ( point of attempted larceny at night) of the Criminal Act, and Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment with labor);

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

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

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