beta
(영문) 춘천지방법원 강릉지원 2018.04.12 2017고단1545

야간주거침입절도미수등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to eight months of imprisonment by larceny, etc. at the Gangnam Branch of the Chuncheon District Court on May 11, 2017 and completed the execution of the sentence at the Gangnam Prison on September 16, 2017.

[2017 Height 1545] On December 5, 2017, the Defendant came to the house of the victim D located in Gangnam-si (after sunset) 17:40 on December 5, 2017, and entered the front of the entrance through a string gate, which was thought to steal the property, and did not discover any stolen object, such as following the string strings, etc. in the custody on the front side of the entrance.

Accordingly, the defendant attempted to steals property by intrusion upon the victim's residence at night, but he attempted to commit an attempted crime.

[2018 Highest 197] On January 4, 2018, the Defendant stolen fishery products, such as 14:20 of the F market 1st floor in Gangnam-si, and 1-21 of the market price, from the “G” store located in Gangnam-si, the Defendant: (a) laid away the victim H from the hand room prepared in advance for the locking place; (b) 80,000 won of the market price; and (c) 200,000 won of the market price; and (d) 3:00,000 won of the market price.

Summary of Evidence

[2017 Highest 1545]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs;

1. Domestic investigation report (related to the application of the name of the crime of larceny during night time) (referring to the name of the crime of larceny committed by intrusion upon residence);

1. Statement by the defendant in court;

1. A H statement;

1. Application of the Act and subordinate statutes to inquiries, such as three photographs of field CCTV images (before judgment), criminal history, etc., and report of investigation (whether a suspect is a repeated crime and a criminal record of the same kind);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 330, 342 (a person who attempts to larceny at night) and 329 (a person who attempts to larceny at night and choice of imprisonment) of the Criminal Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act as well as the following conditions of all kinds of sentencing recorded in the records, including the defendant's age, sex, environment, health conditions, circumstances before and after the crime, and circumstances before and after the crime, shall be determined as ordered by taking into account the following conditions of sentencing.

A extenuating circumstances: A person who commits a crime during the period of repeated crimes, theft.