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(영문) 대전지방법원 천안지원 2014.01.09 2013고단1571
야간주거침입절도등
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

1. Around January 2013, the Defendant was able to acquire and possess the keys referred to in the above 308 keys from the front corridor of the Victim C, which was located in the B Studio 308 at Asan-si, Asan-si.

On April 17, 2013, the Defendant: (a) opened a corrected entrance using the key of the above 308-mentioned 308, which was in possession of the said 308, and intruded into the entrance; (b) 500,000 won in cash owned by the victim on the bed; and (c) stolen it.

2. At night, on May 2013, the Defendant: (a) intruded by the same method as that of the above 308 Subparag. (1) on the first day of the mid- to 22:00 on the first day; (b) and (c) had a cash of KRW 840,00 in cash owned by the victim and a gold of KRW 25,00 in the market price; and (d) had a theft of KRW 25,00 in cash

3. The Defendant, who attempted to larceny at night, was invaded by the method described in Article 308(1) of the above 308, with an intention to steals an object at around 01:00 on the first day of the mid-come 1st of May 2013, but was in an attempted attempt without having to bring about such intention.

4. Intrusion upon residence and attempted larceny;

A. On May 25, 2013, the Defendant invadedd by the same method as that of the above 308 Subparag. 1 with a view to stealing an article around 09:00, but did not bring about an attempted attempt due to the scambling of the stolen article.

B. Around 06:00 on May 26, 2013, the Defendant intruded by the same method as that of the foregoing 308 Subparag. 1 with an intent to steals an article, but did not commit an attempted act because there was a shotle while searching a stolen object.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning C and a written statement concerning C;

1. The application of photographs and the Acts and subordinate statutes for reporting investigations;

1. Relevant legal provisions concerning facts constituting an offense and Articles 330, 342, 330, 329, 329, 342, 329, and 319 (1) of the Criminal Act, which choose to punish a person;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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