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(영문) 수원지방법원 2020.04.23 2020고단260

야간주거침입절도미수

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall take place for two years from the date of the final judgment.

Reasons

Punishment of the crime

On November 5, 2019, the Defendant, at around 19:00 on the 19:00 on the 19:00 on the 19:19.19, the Defendant, with a view to cutting down the gas pipeline installed on the above house’s outer wall, opened a studio-proof network where the victim C resides, but the victim, who was in the house, appeared to witness it, and called “Do Do Do ar k k k k k k k k k k k.”

Accordingly, the defendant attempted to steal money by intrusioning the victim's residence at night.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Investigation report (a CCTV analysis, etc. for the method adjacent to the site), investigation report (in-depth inspection results and inquiry, etc. into the oil paper);

1. Application of statutes on site photographs;

1. Articles 342 and 330 of the Criminal Act applicable to the crimes;

1. The crime is very likely to be committed as attempted to larceny indoor residential space at night during the reason and night of the sentencing of Article 62(1) of the Criminal Act;

However, considering the favorable circumstances, such as the fact that the defendant has been sentenced twice to a fine, there is no same criminal history, the fact that the defendant made a wrong decision in the situation of economic difficulties, and the fact that the defendant is against the short-term detention life through the short-term detention, the punishment as the order shall be determined by taking into account all the other factors of sentencing specified in the arguments.