beta
(영문) 수원지방법원 2015.04.29 2015고단1235

야간주거침입절도미수

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 22, 2015, at around 02:30, the Defendant intruded into the door of the Victim D, who was opened in Suwon-si C and 105, through the door of the Victim D, and followed by the victim, who was locked by the victim, and was able to know the market price of the victim’s locked, while confirming the lock of the victim’s wall by going to the ward and using mobile phone light, while the victim was able to confirm the lock, the victim was able to go to the ward and the cell light.

Accordingly, the defendant tried to steal the property by intrusion upon the victim's residence at night, but he was arrested by the victim as a flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of D police statement;

1. Previous records: Application of criminal records, inquiry reports and investigation reports (Attachment to separate judgments, etc.);

1. It is so decided as per Disposition by comprehensively taking account of all the reasons for sentencing, including the following: Article 342 and Article 330 of the Criminal Act regarding the crime in this case; Article 330 of the Criminal Act; the reasons for sentencing [the scope of recommendations] 4 types of larceny in general property [the mitigated area (8 to 1 year and 6 months) / [Special Mitigation] living-type crime (a person who has been sentenced to a suspended sentence / [a person who has been sentenced to a suspended sentence / one year imprisonment] as a crime in which a defendant intrudes upon or intrudes upon another person's residence and steals property; the defendant again was sentenced to a suspended sentence; the crime in this case