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(영문) 광주지방법원 해남지원 2015.08.20 2015고단309

절도미수등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 2, 2015, the defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. in the Gwangju District Court's interest support, and is currently pending in the appellate trial.

1. At around 11:40 on July 15, 2015, the Defendant: (a) opened a entrance in which the Defendant was living together with the victim U.S. who was living in Donnam-do T, and then did not correct his property by eating it; and (b) intrudes upon the victim’s residence.

2. The Defendant attempted to thief, at the time and place specified in paragraph (1), and at the victim’s place, attempted to duplicating stolen objects by entering the victim U, but did not commit the crime, but did not commit the crime and attempted to commit the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement by U;

1. Relevant legal provisions concerning criminal facts, Articles 342 and 329 of the Criminal Act that choose a punishment, Article 319 (1) of the Criminal Act and the choice of imprisonment, respectively;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, even though the defendant had a record of having been subject to criminal punishment several times for the same kind of crime, the defendant should be punished strictly in light of the fact that the defendant committed the crime of this case. However, the defendant's confession of all of the crimes of this case and his mistake is divided by his confession, and the circumstances and result of the crime of this case are about attempted larceny during the crime of this case, and the punishment shall be determined as ordered in consideration of all the sentencing conditions, including the defendant's age, character and behavior, environment, and circumstances after the crime