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(영문) 서울동부지방법원 2013.10.24 2013고단1470
특수절도미수
Text

A defendant shall be punished by imprisonment for not less than eight 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

On June 7, 2013, around 03:30 on June 7, 2013, at the victim C’s house located in Seongdong-gu Seoul Metropolitan Government B 102, the Defendant removed the victim’s front door, and the bracker and bracker, attached to the bracker, in his possession, from the dracker (25cm in length), and attempted to remove the bracker’s door and intrude the victim’s house, but the Defendant could not remove the bracker due to the locker of the bracker’s locker.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or C;

1. Statement by the police about C (second time);

1. Seizure records;

1. Application of the Acts and subordinate statutes to field photographs, personal belongings photographs, and CCTV images at the scene of crime;

1. Articles 342 and 331(1) of the Criminal Act applicable to the facts constituting an offense;

2. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

3. Article 62 (1) of the Criminal Act;

4. The main sentence of Article 62-2 (1) and (2) of the Criminal Act for probation;

5. Article 48 (1) 1 of the Criminal Act to be confiscated;

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