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(영문) 전주지방법원 2017.11.08 2017고단1603
야간주거침입절도미수등
Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

On September 22:25, 2010, the Defendant: (a) laid up gas pipes installed on the outer wall of the building of the building in Ansan-gu, Seosan-si; (b) laid off the gas pipes installed on September 22:25, 2010; and (c) found the victim C’s residence by entering the 204, which is the residence of the victim C; and (d) discovered the stolen object, the victim who discovered the Defendant fledd the sound through the window.

Accordingly, the defendant invadedd the victim's residence at night, and stolen the victim's property, but did not bring about the intent.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on occurrence (No. 4 No. 4)

1. Application of Acts and subordinate statutes to temporary burial sites and site photographs of the case;

1. Articles 342 and 330 of the Criminal Act concerning the facts constituting the crime;

1. Normal circumstances favorable to the reasons for sentencing under Article 62(1) of the Criminal Act in the suspended sentence: The following are contradictory to the punishment; the larceny committed in intrusion upon another person’s residence during one night, which is not suitable for the type of crime and the nature of the crime; and the part dismissing the prosecution that is not agreed with the victim;

1. On July 4, 2010 to June 6, 2010, the Defendant: (a) laid up gas pipes installed on the outer walls of the building of the building of the Dao-gu Dao-gu, Ansan-gu, Ansan-si; (b) entered the building of the victim E through the bera window and entered the building of 203, a residence of the victim E; and (c) carried with 700,000 won of the market price at that place.

Accordingly, the defendant invadedd the victim's residence and stolen the victim's property.

2. As the public prosecution was revoked on November 7, 2017 on this part of the facts charged, a decision to dismiss the public prosecution should be made pursuant to Article 328(1)1 of the Criminal Procedure Act. However, as long as a judgment of conviction is made on the remaining facts charged, this part of the public prosecution is dismissed by judgment.

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