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(영문) 대전지방법원 2013.09.06 2013고단1819

야간건조물침입절도미수

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 13, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence on November 29, 2010.

On April 9, 2013, at around 01:10 on April 9, 2013, the Defendant: (a) opened another vinyl house in front of the street store in which the instant victim D’s clothes, etc. operated in Daejeon-gu, Daejeon-gu, were sold; and (b) did not commit an attempted crime because it was discovered to the police officer, who was divingd, and arrested him as a flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes concerning criminal records and current status of confinement of individuals;

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

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders (Scope of recommending punishment) / [Scope of recommending punishment] thief crime group, larceny and mitigation area for general property, 8 months to 1 year and 6 months (decision of sentence] sentenced to the same sentence for April, 6 months and 1 months from the imprisonment, s s 4 years and 6 months from the imprisonment, s s s s s s s s s s s s s s s s s s s s s