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(영문) 대전지방법원 2016.12.21 2016고단3356

절도미수등

Text

A defendant shall be punished by imprisonment for six 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

1. At around 05:40 on June 18, 2016, the Defendant entering a residence intrusion on the victim D’s studio 210, which is a residence of the Defendant in Sejong-si, by opening a window in subparagraph 209 and entering a window in subparagraph 210, next to the Plaintiff’s house using gas pipes.

2. The Defendant, at the same time and place as the preceding paragraph, did not commit an attempted crime, even though he/she followed balone with the intent to steals an article 210, but did not discover a stolen article, and did not commit it.

3. On June 18, 2016, the Defendant damaged the damage of property by using a fire extinguisher in the studio corridor at Sejong-si, the studio C, and by allowing the operation of the 204 studio-si, the above 204 studio-si, thereby damaging the 110,000 won at the market price owned by the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of Acts and subordinate statutes to field photographs, investigation reports, written estimates, etc.;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 319 (1) of the Criminal Act that prescribes the choice of a punishment (the point of intrusion upon residence, the choice of imprisonment), Articles 342 and 329 of the Criminal Act, Article 366 of the Criminal Act (the point of attempted larceny, the choice of imprisonment), and Article 366 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order is highly dangerous in light of the background of the crime and the method of the offense, and the fact that the victims have not been recovered until now, and that they want to punish the defendants.

The fact that the defendant is recognized to commit a crime and that there is no record of criminal punishment is favorable.

In addition, the punishment shall be determined as ordered in consideration of various sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, and environment of the defendant.