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(영문) 서울남부지방법원 2018.06.21 2018고단2075
절도미수등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On January 25, 2017, the Defendant was sentenced to six months of imprisonment due to intrusion upon residence at the Seoul Southern District Court on April 18, 2017 and completed the enforcement of the sentence at the Seoul Southern Southern District Court.

[2] When Defendant 1 released from an abandoned house without any special occupation, Defendant 1 was in need of money in order to repay his/her loans, etc., Defendant 2 committed an intrusion on the abandoned house to steal money and valuables.

1. Intrusion upon residence;

A. On April 9, 2018, at around 11:14, the Defendant found an empty house by intrusioning on the Geumcheon-gu Seoul Metropolitan Government CBL, and tried to open a door and open a door on the side of the victim’s house by going out to the outside and opening of the house by the victim’s 401, where the victim was living in the above BV., and to collect a mountain at the entrance below the entrance, the Defendant tried to open a door and open a door on the part of the victim’s house.

Accordingly, the defendant invadeds on the public space of the victim's Ba, where the victim resides.

B. On April 11, 2018, at around 15:40, the Defendant: (a) opened an entrance opened for the purpose of theft as above; and (b) entered and intruded into the said entrance. On April 11, 2018, the Defendant: (a) was discovered by the victim, who was in a small room in the Seoul Geumcheon-gu, Geumcheon-gu, Seoul, for the purpose of theft; (b) opened an entrance opened for the purpose of theft; and (c) opened for the purpose of theft; and (d) went out of the house.

Accordingly, the defendant attempted to steal the victim's goods.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to D or F;

1. Previous convictions: Inquiries about criminal history, reporting criminal investigations (verification of repeated crimes and application of Acts and subordinate statutes and attaching the same criminal records);

1. Relevant provisions of the Criminal Act and Article 319(1) of the Criminal Act (the points of intrusion upon each residence) regarding criminal facts, Articles 342 and 329 of the Criminal Act (the points of attempted larceny) and the choice of imprisonment with prison labor.

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