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(영문) 수원지방법원 안양지원 2014.02.04 2013고단456
특수절도미수
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 21, 2012, around 05:00, the Defendant: (a) opened the boiler room windows of the victim’s residence on the first floor in front of the multi-household house where the victim D was living in king-si; (b) opened the boiler room in front of the victim’s residence; (c) destroyed the victim’s property by destroying the glass and shock network equivalent to 60,000 won at the market price; and (d) continued to intrude the victim’s residence into the victim’s residence through the window of a shouldered glass window; (c) however, the Defendant did not have attempted to commit the crime, as it was known to the victim as having a pipe of the mast, and was not achieved.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes, such as field photographs and investigation reports (including all attached parts, such as receipts for repair of damaged articles);

1. Relevant legal provisions concerning facts constituting an offense, Articles 322 and 319 (1) of the Criminal Act (the point of attempted intrusion upon residence), Article 366 of the Criminal Act (the point of attempted intrusion upon residence), and the choice of fines, respectively;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty of Article 334 (1) of the Criminal Procedure Act (the point of attempted special larceny) of the provisional payment order;

1. Around 05:00 on December 21, 2012, the Defendant: (a) entered the victim’s residence in front of the multi-household household where the victim C was living in king-si; (b) through a string gate with the mind of having a view to theft of money and valuables; and (c) entered the victim’s convenience of the boiler room in the victim’s residence on the first floor of the said multi-household house by hand, etc.; and (d) attempted to steal another’s property by destroying the gate, etc. at night, without theft of money and valuables from the victim’s sound; and (b) by impairing the victim’s residence, the Defendant attempted to steal another’s property by impairing the victim’s residence.

2. The key issue of this part is whether the Defendant committed such an act with the intent to steals property.

3. The Defendant is above.

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