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(영문) 의정부지방법원 2016.02.02 2015고단2879

절도미수등

Text

A defendant shall be punished by imprisonment for not less than two months.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On July 21, 2015, the Defendant was sentenced to a suspended sentence of 4 months of imprisonment for a crime of intrusion upon residence at the Jung-gu District Court, and the judgment became final and conclusive on July 29, 2015.

【Criminal facts】 On May 17, 2015, the Defendant: (a) was released from the victim D and the victim E’s husband and wife up to the rooftop with a view to stealing female panty for women around 17:30 on May 17, 2015; and (b) was released to the victim D during the process of advertising the panty for women owned by the victim E through the entrance without locking the house; and (c) was arrested.

Accordingly, the defendant invadedd the victim's residence and attempted to steal the victim's E property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. On-site photographs;

1. Previous convictions: Inquiry about criminal history and the application of Acts and subordinate statutes to report criminal history (report on the same kind of judgment of the suspect);

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Articles 342 and 329 of the Criminal Act, and the choice of imprisonment with prison labor;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the suspended sentence of the Criminal Act [the scope of the recommended punishment] 4 types of theft for general property (the special mitigated person] / (the special mitigated person from April to January 1) in the area other than the indoor residential space; (4) in the case of intrusion into a place other than the indoor residential space, the criteria for handling multiple crimes which are not punishable: The minimum limit for concurrent crimes under the former part of Article 37 of the Criminal Act between the attempted larceny for which the sentencing criteria are set and the intrusion into a residence for which the sentencing criteria are not set, shall be set according to the sentencing criteria for the crimes for which the sentencing criteria are set.

[Determination of sentence] The criminal method of the defendant is a large criminal and there is a need to punish the defendant with heavy punishment.

However, the defendant led to the crime of this case, and the defendant has a mental disability, and the defendant has agreed with the victim only smoothly.