(영문) 수원지방법원 2017.03.16 2016고단6259

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(영문) 수원지방법원 2017.03.16 2016고단6259

야간주거침입절도미수

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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

At around 05:00 on September 23, 2016, the Defendant opened a gate which was not corrected in front of the house of the victim D in the Young-gu, Suwon-si, Suwon-si, which was in front of the house of the victim D, and obstructed money and valuables to be stolen by intrusion, and the victim attempted to do so with the wind that the locks from diving.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of damage inflicted on D victims;

1. Application of Acts and subordinate statutes of a report on investigation (investigation into ctv for crime prevention), ctv closure photographs for crime prevention and fingerprint personnel confirmation;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act, Article 59 of the Act on the Protection and Observation, etc. is that the defendant attempted to steal the victim's mixed house at the latest night, and the illegality of the attempt is very high, and even though he attempted to commit the attempted crime, the fear and mental impulse of the victim of the instant crime are deemed to have been reasonable.

The defendant was unable to reach an agreement with the victim.

However, it seems that the defendant was the first offender and had been engaged in university life in good faith before the case.

The Defendant recognized the instant crime and runs against the Defendant.

In addition, taking into account the defendant's age, sexual conduct, motive and background of the crime, means and consequence, circumstances after the crime, crime records, and all of the sentencing conditions indicated in the arguments and records, such as the criminal records, it is deemed reasonable to give him/her an opportunity to witness his/her mistake within society at this time, and such punishment like the order shall be determined.

참조조문

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