beta
(영문) 제주지방법원 2020.12.23 2020고단2241

야간주거침입절도미수

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

At around 04:45 on July 10, 2020, the Defendant: (a) opened a window behind E, which was not corrected since the victim C was living in Jeju-si; and (b) obstructed the objects to be stolen from the inner bank by rupture, and ruptureed the objects to be stolen at the inner bank; (c) the victim, who was living in the place, escaped from the locking by a rupture or sound; and (d) did not commit attempted crimes.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of each on-site photograph, investigation report (suspect specific), and photographic Acts and subordinate statutes;

1. Articles 342 and 330 of the Criminal Act applicable to the crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation has intruded upon the residence of the victim by wearing locks to steals things, and the crime is deemed to be inferior in light of the content of the crime, methods, etc.

In addition, in 2020, the defendant was sentenced to a fine due to a crime of intrusion upon residence and a disposition of suspension of indictment due to night-time theft.

However, the sentencing conditions specified in the records and arguments of this case, such as the fact that the defendant acknowledges and reflects his mistake, the agreement with the victim, the fact that the thief itself commits an attempted crime, the fact that there is no criminal record exceeding the fine, and other various sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, means and result of the crime, shall be determined