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(영문) 창원지방법원진주지원 2020.12.22 2020고단1875
야간주거침입절도미수
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 1, 2020, at around 00:15, the Defendant infringed upon the victim C’s residence in Jinju-si B by a main visit that was not corrected by his idea of theft, and opened a string door door to the victim’s “hon” and escaped while opening the cremation in the cremation and printing the stolen object.

Accordingly, the defendant invadedd the victim's residence at night, and tried to steals the object, but did not bring about the intention.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of the Acts and subordinate statutes on photographs and CCTV photographs;

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

1. In light of the purpose of sentencing under Article 62(1) of the Criminal Act and the method and content of the instant crime, the following circumstances are unfavorable: (a) the nature of the instant crime was bad; (b) the risk was high; (c) the victim appears to have suffered considerable mental pain; (d) the Defendant had a criminal record for the same type of crime; and (c) the victim was able to

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the defendant's mistake is recognized; the fact that the crime of this case was committed in the attempted crime and all other conditions of sentencing, such as the defendant's age, character and conduct, environment, motive for the crime, and circumstances after the crime was committed.

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