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(영문) 부산지방법원 2016.11.16 2016고단5711
야간주거침입절도미수
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On August 27, 2016, the Defendant, who works in a middle-class restaurant located in B department stores, was in the office of the victim D located in Busan Dongdong-gu C (hereinafter omitted), and was sentenced to theft of the parts in the victim's house.

1. The Defendant committed the crime of August 28, 2016, around 00:30 on August 28, 2016, committed the crime, and around 00:30 on August 28, 2016, attempted to steals the part of the market price in which the market price cannot be known through the victim’s house due to intrusion upon the victim’s house in excess of the wall, but attempted to steal the part of the victim’s house.

2. On September 6, 2016, the Defendant committed the crime of September 6, 2016, around 00:23, 2016, the Defendant attempted to steals the portion of the instant victim’s house in which the market price cannot be identified by entering the victim’s house after checking that there was no person in the surrounding area, and attempted to steals the portion of the victim’s house in excess of the wall, but failed to commit the crime on the wind that was detected by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of Chapter 35 ctv 1 to investigation reports (including CDs and photographs for crime) - field photographs, and ctv cd 1 for crime prevention;

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

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

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Probation Criminal Act is committed by the Defendant, as seen above, by intrusion upon the victim’s residence at night twice, and thus, the nature of the crime is not weak.

However, considering the facts that the defendant is against the defendant, there are no criminal records of the same kind and suspension of execution or more, the defendant's age, health, occupation, character and conduct, family relationship, motive and circumstance of the crime, and other conditions of the sentencing as shown in the records, the sentence like the order shall be determined.

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