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(영문) 수원지방법원 2020.10.14 2020고단4407

야간방실침입절도미수등

Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On June 6, 2020, the Defendant attempted to larceny at night, and opened a room door that is not locked by subparagraph (D) in which the victim C is able to take care of, and intrudes into, the victim C, at early early time, at the early time, at the beginning of the night, and the Defendant failed to commit an attempted crime, even if he was aware of the wind that the property to be stolen was being stolen, while displaying the property.

2. At night, around June 23, 2020, the Defendant: (a) opened a room door that was not set up by the victim E in the above “B,” and intruded into it; (b) opened a room door that was not set up by the victim E; and (c) took away from the room air conditioners, there was a line 100,000 won at the market price of the victim, which is the victim’s possession on the part of the room air conditioners.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to On-the-spot photographs), a criminal investigation report (to verify the identity of the other party of the victim), a criminal investigation report (tong photographs ofCCTV and video CDs, etc.);

1. Relevant Articles 342 and 330 of the Criminal Act concerning facts constituting an offense (the attempted larceny at night) and Article 330 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under the grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order, shall be determined as ordered by considering the following circumstances.

Unfavorable circumstances - The defendant did not agree with the victims.

- The defendant was aware of the crime of this case and reflected in the favorable circumstances.

- Out of the damaged articles, the glass license was temporarily returned to the victim and the damage was restored.

- There is no previous difference to the defendant.