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(영문) 대전지방법원 2017.11.29 2017고단3615

야간주거침입절도미수

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 16, 2017, around 03:15, the Defendant tried to open and intrude into a 402 roof tower where the victim C was residing in Daejeon Dong-gu, Daejeon District. However, the Defendant attempted to open and intrude into the 3rd roof. However, the Defendant did not have been aware of the victim’s intention and failed to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to photographs of generated places;

1. Articles 342 and 330 of the Criminal Act concerning the facts constituting the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: At night, the fact that the victim’s attempt to intrude into the victim’s residence in order to steals property at night is not good for the crime to be committed as an attempted crime; circumstances favorable to the fact that the juvenile protective disposition was issued three times in favor of the victim’s past record of theft crime: The confession and rebuttal; and the fact that the victim attempted to intrude into the residence of this case;