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(영문) 대구지방법원 2014.04.25 2014고단1084
절도미수등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. Attempted larceny;

A. On October 2013, 2013, the Defendant: (a) around 07:00 - around 18:00, the victim C was in the residence of the victim C located in Daegu Southern-gu B, Daegu-gu; and (b) applied water with an open door that was not corrected, but did not discover cash, etc., and did so.

B. On November 11, 2013, around 15:30 on November 15, 2013, the Defendant: (a) in the victim E’s residence in Daegu-gu, Daegu-gu, the victim E, but did not discover cash, etc., but did so.

2. Intrusion upon residence;

A. The Defendant intruded upon the victim C’s residence at the same time and place as the foregoing paragraph 1(a) in the same manner as the foregoing paragraph 1(a).

B. The Defendant infringed upon the victim E’s residence on the same date, time, and place as the foregoing paragraph 1(b).

C. On November 16, 2013, around 10:30 on November 16, 2013, the Defendant entered the victim G in the F2nd floor in Daegu-gu, Daegu-gu, and opened the rear door through the entrance that was not corrected, and intruded the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each written statement concerning E and C;

1. Police seizure records;

1. Application of the investigation report (Attachment of a field photograph), the application of statutes on site photographs;

1. Relevant Articles 342 and 329 of the Criminal Act concerning facts constituting an offense, and Articles 342 and 329 of the Criminal Act concerning the choice of punishment, and Article 319 (1) of the Criminal Act (the occupation of intrusion upon residence and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act, the method of the crime, the content of the crime, etc., cannot be deemed to be less than that of the crime. However, the defendant's mistake is divided, and the degree of damage is more severe than that of the larceny.

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