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(영문) 전주지방법원 2015.04.23 2014고단2202
야간주거침입절도미수등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

1. On November 16, 2014, the Defendant attempted to larceny at night, around 03:40 on November 16, 2014, entered the victim’s residence in Seo-jin-gu Seoul metropolitan area, and entered the victim’s residence in the vicinity of his residence, and the neck owned by the victim, which had been located in the room, had a string market price of the house, such as a 20,000 won at one market price, and a brush in the kitchen, which had been living in the kitchen, and did not go to the wind of the victim who had returned to the bed of the bed, and did not go through such intention.

2. On September 201, 2014, the Defendant: (a) he embezzled the stolen items in his possession, without following the necessary procedures, such as acquiring the victim’s name fluor from the stairs of the shuttle bus terminal located in Seocho-gu, Seoul Special Metropolitan City on the day immediately preceding the date and returning them to the victim; and (b) he embezzled them.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Each report on investigation;

1. A receipt for temporary return of seized articles;

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

1. Relevant legal provisions concerning facts constituting an offense, and Articles 342 and 330 of the Criminal Act that choose a punishment (the attempted larceny at night), and Article 360 (1) of the Criminal Act (the point of embezzlement of stolens and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to concurrent crimes with the punishment heavier than punishment (limited to the sum of the length of the above two crimes)]

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under the proviso of Article 62-2(1) and (2) of the Probation Criminal Act is deemed to have committed the crime of this case by intrusion upon another person’s residence, thereby thefting goods, and by finding out an attempted scambling, and by scambling a scambling, and among them, the crime of larceny at night is highly likely to be converted to violent crimes, such as quasi-Robbery.

(b).

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