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(영문) 광주지방법원 순천지원 2018.12.06 2018고단1519

야간주거침입절도미수

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 6, 2018, the Defendant was sentenced to imprisonment with prison labor for one year for attempted larceny of structures at night in the Gwangju District Court's Netcheon Branch on July 6, 2018, and the said judgment became final and conclusive on July 14, 2018.

On April 21, 2018, the Defendant: (a) opened a window that was operated by C Victim D and used as a residence at the time of influence on April 21, 2018, and intruded into the “E” store; and (b) fleded the stolen objects from the Kabter, the Defendant fledd the victim, while engraving it.

Accordingly, the defendant had invaded upon another person's residence at night and attempted to steal the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Before judgment: Application of statutes to the defendant's legal statement, the application of the Gwangju District Court's net order 2018 High Court's order 1089, 1222 (Joint) judgment;

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

1. The latter part of Article 37 of the Criminal Act on the Handling of Concurrent Crimes: Provided, That the same sentence as the order shall be determined by comprehensively taking into account various sentencing conditions as shown in the records and the theory of changes, such as the record of the defendant's crime (the period of suspension of execution, etc. due to the same type of crime), the record of the sentencing of Article 39 (1) of the Criminal Act (the period of suspension of execution, etc. due to the same type of crime), equity in the case of being tried together with the crime in which the judgment became final and conclusive, the circumstances leading to the instant crime,

It is so decided as per Disposition for the above reasons.