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(영문) 부산지방법원서부지원 2020.08.14 2020고단305

야간건조물침입절도미수

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On January 5, 2020, at around 02:56, the Defendant was in front of D, operated by the victim C (n, 62 years of age) of Gangseo-gu Busan Metropolitan Government, and opened a window that has not been corrected therein, and intrudes into the above state-owned building, and tried to remove television equivalent to 500,000 won at the market price installed on the wall, but was discovered and attempted by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of statutes in writing C;

1. Articles 330 and 342 of the Criminal Act applicable to the crimes;

1. The crime of this case, on the grounds of sentencing of Article 62(1) of the Criminal Act, is very bad in view of the background and method of the crime, since the crime of this case is committed in the night by the victim's coming to the place operated by the victim and stolen the goods, and thus, the crime is committed.

However, under favorable circumstances, the defendant shows an attitude against the defendant, that the crime of this case was committed in the attempted crime and the damage was not realized, and that there was no record of punishment in excess of the fine for the last ten years, etc. In addition, the defendant's age and happiness environment, motive means of the crime, results of the crime, circumstances after the crime, etc. shall be comprehensively considered, and all the conditions of sentencing indicated in the arguments and records of the case shall be determined as ordered.