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(영문) 서울중앙지방법원 2012.12.12 2012고단4058

주거침입등

Text

A defendant shall be punished by imprisonment for one year.

A seized divers and a knife, etc. shall be confiscated from the accused.

Reasons

Punishment of the crime

At around 15:00 on March 31, 2012, the Defendant prepared one divers (26 cm in length) and one knife, etc., to steal another’s property, and searched the subject matter into Seoul Gangnam-gu C building, and was in possession of the said building at first 302, and then opened the entrance door locks of the draber, which was in possession of the said building, and was in the physical color of the object to be stolen, but did not commit an attempted act, with the wind that was discovered to D, by the abnormal sound in the math building.

Summary of Evidence

1. Legal statement of witness D;

1. Each police statement concerning E and F;

1. Application of Acts and subordinate statutes on police seizure records;

1. Articles 319 (1), 342, and 329 of the Criminal Act applicable to the facts constituting an offense;

1. Imprisonment with prison labor for choice of punishment;

1. From among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [standards for the sentence of punishment] / Imprisonment with prison labor for one year to two years (basic type of larceny and intrusion larceny) / imprisonment for one year / imprisonment with prison labor for one year / the crime of this case / the crime of this case was prepared in advance, and attempted to steals property by intrusion upon the hand of the office of the building, and it is very poor that the crime was committed.

Despite the fact that the defendant was arrested on the spot, he denies his criminal act and did not go against it.

The defendant has a record of having been sentenced one time to imprisonment and one time to suspend the execution for the same crime.

Other grounds for sentencing, such as the age, character and conduct, family relationship, and circumstances after crimes, shall be determined as per the disposition in consideration of all the grounds for sentencing.