야간건조물침입절도미수
1. The defendant shall be punished by imprisonment for eight months;
2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;
Punishment of the crime
On February 12, 2013, at around 03:00, the Defendant attempted to steal the property by opening a corrected window and intrusioning into the Ecafeteria operated by the victim D in Daejeon Dong-gu, Daejeon. However, the police officer, who received 112 report and called out, attempted to commit an attempted crime by finding out the Defendant, which was hidden in the toilet during the search.
Accordingly, the defendant attempted to steal property by intrusioning on a structure at night, but he attempted to commit an attempted crime.
Summary of Evidence
1. Each police statement of H and D;
1. Application of Acts and subordinate statutes, such as field photographs;
1. Articles 342 and 330 of the Criminal Act applicable to the crimes;
1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the injured party does not want the punishment of the accused, and the crime has committed an attempted crime and substantial damage has not occurred);