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(영문) 창원지방법원 마산지원 2016.11.01 2016고단946

야간주거침입절도미수

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On July 2016, the Defendant committed early 04:00 on July 201, 2016, at around 04:00, the Defendant did not commit an attempted crime by opening a toilet door in the said restaurant, which was not corrected to steals alcoholic beverages, and leaving the toilet door in the said restaurant, which was not corrected to steal alcoholic beverages, and flying away from the house of the victim following the restaurant, such as d'D'.

2. On August 14, 2016, around 04:10 on August 14, 2016, the Defendant: (a) opened a toilet in a restaurant to steal alcohol at the places specified in paragraph (1) and obstructed the victim C’s house, which is behind the restaurant, and obstructed the victim’s kitchen, and then obstructed the victim’s escape from the kitchen and then did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to investigation reports (in relation to attachment of field photographs), investigation reports (in relation to such crimes), and statutes;

1. Articles 342 and 330 of the Criminal Act concerning the facts constituting the crime;

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

1. The sentencing conditions under Article 62(1) of the Criminal Act, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, shall be determined as ordered in full view of the following circumstances under the reason of suspended sentence.

D. Unfavorable circumstances: The crime of this case is committed two times and attempted to steal the same victim's residence, and the crime is committed as bad.

The favorable circumstances: The crime of this case is against the law.

An attempted crime was committed, and the victim does not want the punishment of the defendant.

There shall be no history of criminal punishment.