야간주거침입절도미수
A defendant shall be punished by imprisonment for not more than ten months.
Punishment of the crime
On September 9, 2009, the Defendant was sentenced to 8 months of imprisonment for an attempted larceny at night in Seoul Southern District Court, and the execution of the sentence was completed on April 12, 2010.
On November 2, 2012, around 1:50 on November 2, 2012, the Defendant: (a) opened a string door door to the victim D located in Geumcheon-gu Seoul Metropolitan Government and intrudeed into the victim D; (b) did not commit an attempted crime with the wind that the Defendant was dismissed by the victim while using the string door door to turn on the fire of the strings, and in
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Statement made to D by the police;
1. Previous records: Criminal records, etc. inquiry reports, results of the search of prisoners, application of Acts and subordinate statutes to criminal records, etc. (former records, confirmation, and attachment of judgment);
1. Articles 342 and 330 of the Criminal Act applicable to the crimes;
1. The Defendant for the reason of sentencing Article 35 of the Criminal Act, among repeated crimes, is inevitable to sentence the offender to commit the instant crime during the period of repeated crimes after the execution of the sentence has been completed for the same kind of crime.
It is so decided as per Disposition by taking into account all the circumstances, such as the fact that the victim does not want punishment against the defendant, the fact that the crime of the defendant was committed and substantial damage did not occur due to the defendant's attempted crime, the fact that the defendant seems to have caused the crime of this case by accident under the influence of alcohol