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(영문) 창원지방법원 2016.10.26 2016고단2487

절도미수등

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. From January 18, 2016 to 16:30 on the same day, the Defendant: (a) was invaded on an inner wall through a gate, which was opened to the second floor through a gate, which had not been corrected by thefting the property from the victim D’s house located in Seongbuk-gu Seongbuk-gu, Changwon-si; (b) from January 18, 2016 to 16:30 on the same day; and (c) went into the inner wall.

2. On March 14, 2016, around 16:20 on March 14, 2016, the Defendant: (a) laid down the stairs going to the second floor through the gate, which had not been corrected by liveing the property from the victim F’s house located in the window E of Changwon-si; and (b) intruded to the inner door through the gate that had not been corrected; and (c) during the process of taking the victim’s small room and making telephone calls; and (d) during the process of taking the cremation, the Defendant was found to have discovered the victim, who was spambling the spam and spambling the cremation by taking advantage of the gap where surveillance was neglected, such as making the victim’s telephone call, and spambling the cremation, the Defendant did not commit an attempted crime by getting out

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Written statements of D;

1. Application of Acts and subordinate statutes to investigation reports;

1. Articles 319 (1), 342, and 329 of the Criminal Act (the point of intrusion upon residence), and Article 329 of the same Act concerning facts constituting an offense, the choice of a fine for negligence;

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

1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act are as follows: (a) the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be equally taken into account.

Unfavorable circumstances: A person who is a repeated crime of the same kind, a person who has been committed for the same kind of punishment, and a person who has been committed for the same kind of suspension of the three times: both parties agree with the victims, there is no property damage caused by the crime, and his mistake is made through the life of detention during the tin month.