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(영문) 부산지방법원 2014.09.17 2014고단6401

야간건조물침입절도미수

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 15, 2014, at around 04:20 on April 15, 2014, the Defendant, at the warehouse managed by the victim D of the victim D located in Busan Seo-gu, intruded with the joint board where the windows had been installed, and went into the window, and had a wheel, which is an unclaimed vehicle on the market price owned by the victim at that place, and was discovered to have been discovered and attempted by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Article 342 of the Criminal Act; Articles 342 and 330 of the Criminal Act; the choice of imprisonment with prison labor;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Scope of Recommendation) of the suspended sentence of punishment in general property [Article 62 (1) of the Criminal Act] Where the mitigation area (Article 4 to one year and six months) [Special Convict] (Article 8 to one year and six months] intrudes into places other than indoor residential space [decision of sentencing] and the defendant appears to have an attitude to recognize and reflect the crime; the crime is committed on attempted crimes; the crime is committed on one hand; and there is no other criminal records in addition to the disposition of suspended indictment once as a result of larceny (Article 62 (1) of the Criminal Act, considering these circumstances, a minor sentence shall be sentenced to