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(영문) 서울동부지방법원 2017.07.13 2017고단824

야간주거침입절도미수

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 11, 2016, the Defendant was sentenced to eight months of imprisonment for the crime of intrusion on a special structure, etc., and the said judgment became final and conclusive on December 20, 2016.

On October 5, 2011, from around 21:00 to around 21:30, the Defendant attempted to break the door glass of the victim D located in Gwangjin-gu Seoul Special Metropolitan City by gathering his hand, thereby cutting off the locking device and cutting the locking device into that percentage, but attempted to have the knife the knife away on the shoulder glass, and attempted to have the knife back to commit the crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Notification of the discovery of the same fact as DNA identity verification information, and the transmission of notification of the results of search by DNA identification data domains;

1. Photographs;

1. Previous conviction: References to inquiries, investigation reports, and application of the statutes of the judgment;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The sentence shall be rendered in accordance with the order for the following reasons: The facts that the instant crime was committed in favor of a person who was punished for the same kind of crime: the fact that the instant crime was committed was committed; equity in the event that the judgment is rendered simultaneously with the final and conclusive judgment; and other circumstances such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime;