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(영문) 대구지방법원 2018.06.12 2018고단920

야간건조물침입절도미수

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On September 3, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Daegu District Court, and on June 30, 2016, the period of parole was expired on September 2, 2016 when the sentence was executed at the Daegu Detention House.

[2] On February 19, 2018, the Defendant, at around 00:30 on February 19, 2018, opened the entrance door of a church which was not set up and opened inside the church, removed the lock lock device of the board board in order to steals the cash inside the board installed inside the church. However, on the other hand, on the witness’s witness, the Defendant was drank.

“A person who listens to the word,” was attempted without theft of the victim’s property.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. 112 Reporting case handling table;

1. Photographs;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of a report on investigation (Attachment to the same type of force);

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

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. An attempted criminal is not subject to the sentencing criteria;

2. The Defendant, who was sentenced to sentence, committed the crime of larceny by intrusion upon residence at night in this case without being aware of even though he was in a repeated crime due to the same crime.

Therefore, the sentence of sentence on the defendant is inevitable.

On the other hand, it is decided as per Disposition by taking into account all the favorable circumstances such as the defendant's age and occupation, sex and environment, family relation, motive, means and consequence of a crime, circumstance after a crime, etc., which are conditions for sentencing, such as the defendant's age, occupation, sex and environment, family relation, motive, means and consequence of a crime, etc.