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(영문) 서울동부지방법원 2017.01.10 2016고단3811

야간주거침입절도미수

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 5, 2016, the Defendant was able to steal money and valuables by intrusion upon another person’s residence, and on October 5, 2016, when the victim C (M, 32 years of age) in Songpa-gu Seoul Metropolitan Government B (M, E, 32 years of age) resided in 2nd floor, and the victim was going through a fenced, 204, where he was living in the said victim, opened a window and entered the living room, and tried to steals money and valuables, such as cash, etc., the Defendant was not able to have a scam a pipe of the scambling.

Accordingly, the Defendant attempted to steal another person’s property by intrusioning upon another person’s residence at night.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the police statement protocol law to C

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

1. A punishment shall be imposed in consideration of the favorable circumstances, such as the fact that a juvenile protective order was received for a larceny crime on the grounds of sentencing under Article 62(1) of the Criminal Act, due to the fact that the crime was committed in an attempted crime, and there was no record of punishment other than juvenile protective order, and the fact that the crime was recognized and reflected.