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(영문) 인천지방법원 2012.11.14 2012고단9142
절도미수등
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence1 through 4 shall be confiscated from the accused.

Reasons

Punishment of the crime

At around 15:20 on April 27, 2012, the Defendant: (a) opened a locked door at the victim D (EE) building located in Geumcheon-gu Seoul Metropolitan Government Geumcheon-gu; and (b) intruded into the third female sloping room of the building; and (c) attempted to enter the victim during the coloring of stolen objects.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to field photographs and seized articles;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 342, 329, and 319 (1) of the Criminal Act (the occupation of larceny and the choice of imprisonment) of the choice of punishment;

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

1. The judgment of conviction and the reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The defendant asserts that he entered the room of a female heading away from the room, and did not duplicate or stolen objects.

However, each of the evidence mentioned above and the following circumstances recognized by D were revealed that when the defendant opened a sloping room where D is closed, the defendant dricked the drick, and there was no way to open the door inside at the time. The defendant found the toilet and got up to 3 floors into the sloping room for women, and entered the sloping room for women. However, the defendant argued that the defendant went up after the toilet for women and went back to the sloping room for women, and that there was no need to close the door of female sloping room for women, but the defendant tried to open the door at the time of the discovery of the defendant, and tried not to close the sloping room for women's sloping room because the door was not opened outside, but he tried to open the door.

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