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(영문) 춘천지방법원 강릉지원 2018.11.22 2018고단459
야간주거침입절도미수등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2018 Highest 459]

1. On May 3, 2018, the Defendant attempted to larceny at night, in the house of the victim AA located in the Z on March 3, 2018, and tried to remove the windows installed outside the main wall outside the main wall in his/her hand and intrude into the main house in his/her hand, but did not go through such intent on the wind, which makes it difficult for the Defendant to easily enter the windows, rather than on his/her thoughts.

Accordingly, the defendant invadeds on residence at night and tried to steal the victim's property, but he attempted to do so.

2. At night, the Defendant was unable to easily intrude into the house of AA as described in the above 1.1., with the intent to steal property by entering another place, and the Defendant opened a window outside the inside and outside of the house of the victim AC at the time of three-dimensional scam as described in the above 1.1. The Defendant did not commit an attempted crime, even though he intruded into the house and colors the stolen property, but did not come to the wind so that the victim returned home can have been dismissed.

Accordingly, the defendant invadeds on residence at night and tried to steal the victim's property, but he attempted to do so.

[2018 Highest 642] On April 17, 2013, the Defendant, at the residence of the victim AE located in the Hanam-si Building AE, destroyed the victim through the Internet hosting site’s ‘AG’, and then stolen the victim’ with one half of the total market value equivalent to 6 million won, which was the victim’s possession, using the crebs in which the victim was locked.

[2018 Highest 659] On May 18, 2013, the Defendant: (a) opened a window in the above residence that was not corrected by the Defendant’s think of theft; (b) opened a window in the middle of the residence of the victim AI located in the Haju-gun of the Gyeonggi-do; (c) did not discover any stolen object; and (d) did not discover any stolen object.

Accordingly, the defendant is in the residence of the victim at night.

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