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(영문) 대전지방법원 공주지원 2012.12.21 2012고단400

야간주거침입절도미수

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On November 9, 2012, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor for night, intrusion upon residence, larceny, etc. at the Daejeon District Court’s public order on November 9, 2012, and the said judgment became final and conclusive on November 17, 2012.

【Criminal Facts】

On November 11, 2012, the Defendant: (a) around 00:05, the Defendant: (b) reported the opening of the victim D’s 2nd floor of the official house C in the official house, and came to the second floor using the stairs through a gate in which he thought that the body of the victim D’s body and the body of the victim might be stolen, and (c) discovered the victim’s body of the victim’s body through the toilet window and the body of the victim’s body of the body of the body of the body of the body of the body of the body of the body of the body of the victim.

Accordingly, the defendant attempted to steal the property owned by the victim by intrusion upon the victim's residence at night.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs;

1. Previous convictions in judgment: Application of investigation reports (written confirmations before judgment becomes final and conclusive)-related Acts and subordinate statutes;

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

1. The grounds for sentencing under the latter part of Articles 37 and 39(1) of the Criminal Act, the final and conclusive judgment of sentencing, the contents of the instant crime, the crime committed immediately after the sentence of a suspended sentence, and the theft itself committed an attempted crime, but the injury assessment suffered by the victim due to the pattern of intrusion upon residence at night.