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(영문) 울산지방법원 2017.08.24 2017고단2351

야간주거침입절도미수

Text

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

Reasons

Punishment of the crime

On September 17, 2015, the Defendant was subject to juvenile protection disposition on several occasions, including that subjected to a juvenile protection disposition by the Ulsan District Public Prosecutor's Office for Theft, and on July 22, 2016, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for special larceny at the Ulsan District Public Prosecutor's Office for the same month, which became final and conclusive on October 30 of the same month.

1. On June 16, 2017, the Defendant attempted to larceny at night at night, on June 16, 2017, at around 23:45, the Defendant opened a door door at a multi-use room installed in Ulsan-gu, Ulsan-gu, U.S.A. on June 16, 2017, in front of the victim D’s house. On that occasion, the Defendant opened a door door at the victim’s house on the second floor and intruded into the victim’s house on the second floor, and the victim, who was in the room, found the object to be stolen from the new sprink, etc. at that place, did not commit an attempted crime by opening the door door at the wind with sound from the seat of the human body and doing so.

2. On June 17, 2017, the Defendant attempted to larceny at night, on June 17, 2017, at around 01:00, on the rooftop of a house located in Ulsandong-gu, Ulsan-gu, Seoul-do, the Defendant opened a window not corrected beyond approximately 127 cm with the 2nd floor of the victim’s house located in the middle floor of the victim’s house at approximately 127 cm with the second floor of the victim’s house, and found the object to be stolen. On the wind, the Defendant attempted to escape from the outside of the first floor through the 2nd floor of the victim’s house, and did not commit an attempted crime, even though the victim, who was on the first floor, went away from the outside of the first floor through the window of the second floor of the victim’s house.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the draft D;

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

1. In full view of the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the same Act [Sentencing], the repetition of the same type of crime, the risk of recidivism, and the fact that the crime was committed during the same period of suspension of execution, etc., the choice of a sentence against the defendant is inevitable. However, each crime is committed in relation to an attempted crime, such as the fact that the crime was committed, the background of the crime, the degree of reflective attitude, age, etc.