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(영문) 부산지방법원 동부지원 2018.05.03 2018고단142

야간주거침입절도미수

Text

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

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

Reasons

Punishment of the crime

On December 2, 2017, the Defendant: (a) opened and intruded a gate and the entrance door, which were not corrected for the first floor in Busan, Nam-gu B and the first floor office; (b) tried to steal the victim’s tools and door door, which were located in the passage in the office; (c) but (d) was removed from the victim C, who was landed from the second floor of the said place, and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to investigation reports and field photographs;

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

1. Article 62(1) of the Suspension of Execution of the Criminal Act (the fact that the defendant is against the charge of this case while recognizing the charge of this case, and the crime of this case is committed by him, etc.) / [Sentencing] - The crime of this case is attempted to larceny a structure intrusion at night, and the sentencing guidelines do not apply to this case