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(영문) 서울남부지방법원 2015.06.24 2015고단1909

야간건조물침입절도미수

Text

A defendant shall be punished by imprisonment for six months.

except that 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 March 21, 2015, around 03:50 on March 21, 2015, the Defendant: (a) opened vinyl C operation in Geumcheon-gu Seoul Metropolitan Government; (b) intruded into a tent; and (c) obstructed the Defendant’s intrusion; (d) reported the Defendant’s intrusion to 112; and (e) attempted to move to the site by the police officer.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A written statement;

1. Application of the Acts and subordinate statutes governing the criminal place

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

1. The crime of larceny of night buildings and attempted larceny for the reason of sentencing under Article 62(1) of the Criminal Act is not set in the sentencing guidelines, and the following circumstances are determined by taking account of the following circumstances into account.

The favorable circumstances: The following circumstances are considered: (a) having attempted crimes; (b) having no criminal history heavier than the suspended sentence; (c) having the criminal record of the same suspended execution for the defendant; (d) having the criminal record of the same kind of suspended execution for the defendant; and (e) having other conditions of sentencing prescribed in Article 51 of the Criminal Act, which are shown in the records and arguments of this case, such as