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(영문) 대구지방법원 김천지원 2016.03.31 2016고단166

야간건조물침입절도미수

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On February 23, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court Kimcheon-cheon Branch on January 25, 2014, and completed the execution of the sentence in the Incheon Juvenile Prison.

[2] On February 10, 2016, around 01:50 on February 10, 2016, the Defendant intruded into the victim D’s “E” beyond the fence, and was arrested on the police officer dispatched after receiving a report in the container office and the marith.

Accordingly, the defendant had invaded upon another person's structure at night and attempted to steals property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. All on-site photographs and photographs;

1. Investigation reports (Investigation of the other party of the reporter);

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, text of judgment, personal identification and acceptance status Acts and subordinate statutes;

1. Relevant Article 342 of the Criminal Act, Articles 342 and 330 of the Criminal Act, the choice of punishment for a crime, and the choice of imprisonment;

1. Article 35 of the Criminal Act provides that the sentencing guidelines shall not apply to aggravated repeated crimes because they are not the reasons for sentencing.

Although the Defendant was sentenced to punishment for the same kind of crime several times, the Defendant was sentenced to punishment for the crime of this case at the same time during the period of repeated crime.

However, as the place where the defendant invadedd, the place where the defendant did not have any person, the risk is lower than the case of intrusion upon the residence or the general structure, and there was no actual damage due to the attempted crime.

In addition, the defendant is leading to life and committing a crime, and is against his/her own mistake, and it shows the will to conduct job-seeking activities in the future.

The victim does not want the punishment of the defendant.

In addition, the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, shall be determined as ordered by the text.