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(영문) 춘천지방법원 강릉지원 2014.09.17 2014고단607
특수절도미수등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 1, 2014, at around 22:55, the Defendant: (a) entered the house of the victim D (the age of 53) located in Gangnam-si C by making use of the gap in which the victim was not going out of the house; and (b) carried the entrance door glass by drinking 5-6 times repeatedly; (c) but (d) attempted to steal the victim’s property by intrusion into the said house, but did not have been discovered to the E, which was found at the house of the said victim;

Accordingly, the Defendant attempted to steals property by destroying the entrance at night and impairing the residence of the victim.

2. On April 7, 2014, the Defendant: (a) at G’s line located in the F in Seogsan City F, Seogcheon-si; (b) Doggggggggggggggggggging the Defendant, who was well-known, used the Defendant to have a tool during his money in the said temple; (c) Doggggggggggggging a 400,000 won in the market price owned by the Defendant, and Doggggggggggging the said temple without the victim’s permission.

Summary of Evidence

(With respect to attempted special larceny)

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Each prosecutor's statement of D and E;

1. A criminal investigation report (to attach photographs not confirmed in theCCTV fagic and the key hole) (a thief);

1. Partial statement of the defendant;

1. Part of the interrogation protocol of the accused on behalf of the prosecutor;

1. Legal statement of the witness H;

1. Seizure records;

1. Application of Acts and subordinate statutes to report on investigation (to hear I statements);

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 342 and 331 (1) of the Criminal Act that choose a punishment ( point of attempted special larceny) and Article 329 of the Criminal Act;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be repeated for the reason of sentencing);

1. The reasons for sentencing in Article 62-2 of the Probation Criminal Act are to stimulate the accused.

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