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(영문) 대전지방법원 2015.08.27 2015고단1968
절도등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. On May 2014, the Defendant stolen one of the keys owned by the victim, which was posted by the victim D before Daejeon-dong, Daejeon-gu, Daejeon-dong, 103, around 103.

2. The Defendant, who attempted to enter a residence or enter a house, used the theft of key as mentioned in the above 1.1. by advertising it into the victim D (inn, 46 years of age) house, and used it to use the victim’s clothes for self-defense.

On June 2014, the Defendant, around June 2014, opened the entrance door and intruded into the toilet with the key in advance as set forth in the above 1.1.

B. On May 9, 2015, the Defendant entering a residence on May 9, 2015, on May 21, 2015, and above A.

A. The victim’s house described in the subsection 1 is the same.

In the same way as described in the port, the entrance was opened and the toilet was invaded.

C. On May 13, 2015, the Defendant, who attempted to enter a residence, was above the Defendant around 18:30.

A. The victim’s house described in the subsection 1 is the same.

In the same way as described in the port, it was not possible to open and enter the entrance, but it was attempted without having the intention to correct the assistive device in the entrance.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article 329 of the Criminal Act, the choice of punishment, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 322 of the Criminal Act, and Articles 319 (1) of the Criminal Act concerning facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (the primary crime, reflective crime, and crime committed in a minor manner);

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