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(영문) 서울북부지방법원 2014.08.21 2014고단2100

야간건조물침입절도미수

Text

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

On June 26, 2014, around 00:45, the Defendant tried to steal money and valuables by opening an entrance by cutting the door door door between the knife and the knife and checking the location of locking device in advance. However, the Defendant did not commit an attempted crime by being discovered by police officers who were dispatched to the scene upon receipt of a witness F’s report and sent to the scene.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with regard to F and D;

1. Application of Acts and subordinate statutes on police seizure records and list of seizure;

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

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

1. The reason for sentencing under Article 48(1)1 of the Criminal Act, even though there are many persons who had been punished for the same kind of crime, has been committed in this case again, and the crime is serious even in light of the Act on the Acceptance of Criminal Crimes, which tried to intrude another person's business place at night for the purpose of theft.

However, the crime of this case is committed in the attempted crime, the defendant was sentenced to imprisonment with prison labor for ten months on December 30, 2009, and there is no record of being punished for the larceny crime for a considerable period of time after he was sentenced to imprisonment with prison labor for the crime of larceny at night, and the defendant was planned to enter the south of the defendant who was left by the defendant with the 1st degree of self-defeasion disorder, and the defendant's support and care at the defendant's home was cut off, and the punishment is determined as ordered by the order, taking into account all the factors such as the circumstances of the crime of this case, appearance, circumstances after the crime, character and behavior of the defendant, and environment.

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