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(영문) 창원지방법원 마산지원 2013.08.28 2013고단565

야간주거침입절도미수

Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

On July 23, 2013, at around 03:25, the Defendant attempted to steal property by opening a shock net in which the victim D, located in Changwon-si, Changwon-si, Masan-si, was living, and opening the entrance and opening the door to shut down the cret which is locked, and by intrusion upon it. However, the Defendant did not commit an attempted crime by listening to sound of the rushed shock, frighting to the victim, resulting in the escape of the rush from the lock.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Articles 342 and 330 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act (including the fact that a person commits an attempted crime, the fact that he/she has been punished for the same crime in the last ten years, or that there exists no record of suspension of qualifications or more punishment for other crimes, and the fact that he/she reflect