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(영문) 울산지방법원 2017.10.17 2017고단2697

야간주거침입절도미수등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. On July 11, 2017, the Defendant attempted to larceny at night, in front of the house of the victim D in Ulsan-gun, Ulsan-gun, U.S. on July 11, 2017, the Defendant did not commit an attempted crime by a person, who opened the victim’s house and intrudes into the victim’s house, and opened the victim’s room, living room, bank room, etc., and found the victim’s things to be stolen. The Defendant did not commit an attempted crime by a person, who was aboard the victim at the inside and outside of the house, coming out of the victim’s house, with a view to sound from the Defendant’s personal seat, and failed to commit such an attempted crime.

2. In the process of finding stolen objects, such as the date and time, place, and paragraph 1, the Defendant of special intimidation, along with the transition of dangerous objects (a total length of about 20cm and about 11cm in blades) located in the main body of the victim D (n, 60 years of age) by the Defendant’s shoulder at the body of the Defendant’s knife at the body of the knife (n, f0 years of age) (n, about 20cm in total length and about 11cm in length).

Nara Doza Doz. Doz.

“The victim seems to have committed harm to the victim”, and the victim seems to have shown an attitude to do so.

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. On-site reports on results of field identification, on-site photographs, and genetic assessment reports;

1. The application of each Act and subordinate statutes to each investigation report (including additional data);

1. Relevant Articles 342 and 330 of the Criminal Act: Violation of special intimidation under Article 284 and Article 283 (1) of the Criminal Act, the choice of imprisonment, and the preparation of attempted larceny at night, with respect to the crime;

1. The aggravated punishment for concurrent crimes is prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment shall be aggravated for concurrent crimes with the punishment prescribed for larceny against a structure at night with heavier punishment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to 15 years; and

2. Reference to the sentencing criteria for special intimidation [the type of intimidation] type 4 (Habitual, Cumulative, and Special Intimidation) (Special Sentencing) - The punishment of mitigation factors is not possible (the decision in the sphere of recommendation).