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(영문) 서울남부지방법원 2016.03.24 2015고단4438

야간건조물침입절도미수

Text

A defendant shall be punished by imprisonment with prison labor 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

Criminal facts

around 02:40 on October 8, 2015, the Defendant: (a) opened a tent of the packaging horse, a building owned by the victim D, which was located near Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; and (b) was cut off and attempted by the victim in order to steal food in that place.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Article 330 of the Criminal Act concerning the crime;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of recommendation] thief [Article 4] : 1 to 2 years [the person subject to special sentencing] has been repeatedly mitigated due to the reason for multiple mitigations (in the case of a living-type crime or intrusion outside the indoor residential space, a living-type crime and an indoor residential space): April to one year / six months / [the sentence]; the course and method of the instant crime; the crime was committed in relation to the attempted crime; the defendant's age, sex, health status, criminal records, circumstances after the crime; and all of the sentencing conditions revealed in the oral proceedings of the instant case, such as the criminal defendant's age, age, and criminal records; the sentence of suspended sentence is ordered as per Disposition against the defendant.

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