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(영문) 제주지방법원 2014.12.05 2014고단487

야간방실침입절도미수등

Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

[2014Kadan487] On March 31, 2014, around 00:15, the Defendant came to the “D” in Seopopoposi C, and the victim E opened a cresh in which he was divingd from 106, and entered as a means of such opening a cresh, and then carried out a rush, the victim left the rush and attempted to flee.

[2014 High 1020] On March 6, 2013, the Defendant: (a) committed a theft of food, etc. by entering the victim’s house of the victim G located in Seopopopo City F; (b) by means of a door door door, which was not locked by the Defendant’s perception of theft; and (c) invaded the victim’s house; and (d) stolen it by having the amount of KRW 10,000,000,000,000,000,000 won in front of the door.

Summary of Evidence

1. The defendant's legal statement [2014 highest 487];

1. E statements;

1. Report on personal arrest of the suspect, on-site photographs (2014, 1020);

1. A written statement of the victim prepared G;

1. Application of related Acts and subordinate statutes;

1. Relevant legal provisions and the choice of punishment concerning facts constituting an offense: Articles 342, 330 ( point of attempted larceny at night), 319 (1) and 329 of the Criminal Act; Selection of a fine for a crime of intrusion upon residence and larceny;

1. Aggravation and concurrent imposition of concurrent crimes: the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Provisional payment order: A person who attempted to determine a sentence as ordered in consideration of all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act; thus, the sentencing guidelines shall not be applied. The favorable circumstances are recognized and reflected; partial crimes are committed; a stolen article was returned to an attempted crime; the victim did not want the punishment of the defendant; the victim constitutes a livelihood crime; there was no record of criminal punishment after 2004: other crimes.