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(영문) 창원지방법원 마산지원 2016.11.25 2016고합84

준강도미수

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From January 2015, the Defendant was able to steal money and valuables by intrusion upon another person’s residence at night due to loans and credit card payments in arrears while living together in the Changwon-si member C from the Changwon-si, Changwon-si.

On August 17, 2016, at around 21:15, the Defendant: (a) was aware of the victim’s home located in Changwon-si, Changwon-si, C1st, before the residence of the victim D (the 73 years of age), who was the owner of the house located in C1st of Changwon-si, the Defendant: (b) was aware of the victim’s home, by using the dracker, who had prior possession of the victim’s home; (c) went to the house and opened the windows to the house, and then was drout the cremation back of the cremation belt and the money and valuables to cut back to the house located in the house; and (d) was discovered to the victim returned home, the Defendant was unable to enter the victim’s home with one hand for the purpose of evading arrest.

Accordingly, the defendant invadedd another person's residence at night and abused the victim for the purpose of taking away property and evading arrest.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes for report on internal investigation (exploiting the scene of damage and seized objects);

1. Articles 342, 335, and 333 of the Criminal Act applicable to the crimes;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

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

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year and six months to 15 years;

2. Whether to apply the sentencing criteria: An attempted crime, and thus, the sentencing criteria do not apply. 3. The Defendant, who was sentenced, tried to steals the victim’s goods.