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(영문) 제주지방법원 2019.11.21 2019고단689
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for one year.

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

1. At night, from around 21:00 on March 20, 2019 to around 22:00 on the same day, the Defendant: (a) opened a door door to the second floor through a gate that was not corrected for the house of the victim C in Jeju-si; and (b) intruded into a small room; and (c) cut off one set of slurfs in the slurb in which the market price on the slurg in the slurg in the slurg, and then cut off one set of slurfs in the slurg.

2. On March 21, 2019, the Defendant attempted to larceny: (a) around 04:00, the Defendant used a cresh in front of the “F” operated by the Victim E; (b) around 04:0, around 3 boxes around the Jeju-si; (c) located in the display stand, by opening the door door of the said cargo at the seat of 4 boxes; (d) 12 boxes in Jeju-do; (e) 12 boxes in Jeju-do; (e) 1 boxes in the seat of 12 boxes; (e) 3 boxes in the seat of the said seat; (e) 12 boxes; (f) 1 boxes in the seat of the said truck; (f) 2,00,000 won in total at the market price of the said b,00,000 won; and (f) failed to commit to commit a theft with the said cargo by forcing the said cargo to board the said vehicle; (f) however, (c) had attempted to commit a theft of the said truck.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each written statement prepared in C, E, and I;

1. Application of Acts and subordinate statutes to field photographs, notification to the departments related to the 112 Incident, clothes, identification pictures, records of 112 Reports, investigation reports (where a witness was present on the use of a presses, etc.), investigation reports (where there was a suspect's clothes, etc.), investigation reports (the borrower of the cargo vehicle H), F CCTV images, and CCTV photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 330 ( point of night larceny) and 342 and 329 ( point of attempted larceny) of the Criminal Act concerning the choice of punishment;

1. Of concurrent crimes, a prosecutor is deemed to have prosecuted each of the attempted larceny as an ordinary concurrent crimes. However, the act of theft committed differently from the place of the crime and the manager of the goods constitutes a separate crime, and the Supreme Court Decision 89Do64 delivered on August 8, 1989.

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