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(영문) 대구지방법원 2018.04.24 2017고단5484

야간주거침입절도미수

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 9, 2016, the Defendant was sentenced to six months of imprisonment with prison labor or two years of suspended execution, and the judgment became final and conclusive on August 17, 2016, and is still under suspended execution.

Criminal facts

On August 24, 2017, around 22:45, the Defendant: (a) obstructed the victim D’s residence in Yongcheon-si C, Youngcheon-si, 101; and (b) was unable to commit an attempted act by hearing the bruptur, which was installed in the shock network, to cut off the object.

Summary of Evidence

1. Statements made by witnesses D in the second public trial records;

1. The total list of seized articles;

1. Report on internal investigation (No. 5 in the list of evidence), investigation report (No. 9 in the list of evidence);

1. Previous convictions: Criminal and investigation career data [The defendant and his defense counsel claim that the defendant has the way for the defendant who enters the flower group in the victim's residence only and did not have any object theft. However, the following facts acknowledged by the aforementioned evidence are established by the victim, namely, where the victim intends to open his/her collection network because of a large number of larceny in his/her neighborhood, he/she is installed in a way that he/she can brusium, the victim discovered the defendant by shouldering his/her collection network, the victim was found at his/her he/she was under diving, the victim's beesle and the rear end party discovered does not generally attend, but the victim's be the length, and the back party is not the length of the victim's appearance, and in light of this, the victim's intent of larceny stated in the facts constituting a crime can be recognized].

1. Circumstances that are disadvantageous to the reasons for sentencing under Articles 342 and 330 of the Criminal Act regarding criminal facts are crimes committed during the period of suspension of execution.

A favorable circumstances: A thief was attempted.