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(영문) 광주지방법원 순천지원 2017.01.25 2016고단2652
특수절도미수등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On December 9, 2016, the Defendant: (a) attempted to intrude into a special residence; (b) obtained drinking water from the victim D, in front of the victim D’s house in the south Yacheon-si, at around 23:50 on December 23:50, 2016; and (c) brought the victim into the surrounding area while waiting at the farm; (d) brought the door locker and the door locker, which is a dangerous thing at the farm, in order for the victim to enter the said house; and (e) carried the locker and the kitchen glass, which are the dangerous thing at the farm, and broken the glass door into the locker; and (e) failed to enter the wind with the repair cost of at least 143,00 won, but the glass window, which is not completely broken.

Accordingly, the defendant carried dangerous articles and attempted to intrude upon the residence of the victim, and damaged the victim's property.

2. On December 10, 2016, the Defendant: (a) around 04:45 on December 10, 2016, at the time of the Victim F’s house located in Ma, the Defendant was aware of the victim who was faced with the glass of the living room due to a small-scale disease, which is a dangerous object in E, and was broken off by intrusion into the living room, and was broken down in the lock.

Accordingly, the Defendant, while carrying dangerous things, destroyed a part of the structure at night, and invaded upon the residence of the victim, attempted to steals another’s property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F or D;

1. One on-site photograph;

1. Each investigation report (related to a written estimate attached, etc.) (the defendant and his/her defense counsel did not have any intention to steals in relation to paragraph (2) of the judgment;

However, according to the evidence duly adopted and examined by this court, the defendant and his defense counsel's assertion is not accepted since the intention of theft can be recognized.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 342, 331(2) and 331(1) of the Criminal Act (the attempted special larceny), Articles 322 and 320 of the Criminal Act (the attempted special intrusion of residence), Articles 369(1) and 366 of the Criminal Act (the point of destroying special property, the choice of imprisonment).

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