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(영문) 광주지방법원 2017.02.02 2016고단5310
야간주거침입절도미수
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 28, 2016, around 02:00, the Defendant: (a) entered the residence of the victim C in Gwangju Northern-gu, Gwangju; (b) opened a string door, which was not corrected; and (c) intruded into the house; and (d) discovered the victim with stolen objects from the ward; and (d) escaped.

Accordingly, the defendant did not commit an attempted crime, even though he tried to steals property by intrusion upon the victim's residence at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes entered in the police statement protocol against C;

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

1. The sentence of the suspended sentence under Article 62(1) of the Criminal Act is a case that intrudes upon a human habitation at night for the purpose of larceny, and its nature is not good, but it is an attempted crime, taking into account the fact that the defendant has no record of the crime, and the defendant is an initial offender who has no record of the crime.

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