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(영문) 대전지방법원 천안지원 2013.03.21 2013고단92
절도미수등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 18, 2010, the Defendant was released on December 24, 2010 and the parole period expired on February 18, 2011.

On January 24, 2013, around 13:50 on January 24, 2013, the Defendant opened an unrecied small room window and infringed upon the residence of the victim by entering a small room through the window.

The defendant colored whether a stolen article, such as cash, in a small room, was stolen, but only the book and the shot, but did not discover any stolen article, and later, the defendant moved from a small room to a ward and carried a stolen article such as food, cash, etc., which the victim entered the house and concealed it in an inner toilet, was attempted by the wind attached to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Photographs;

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports (in cases of suspect's treatment of his/her illness, etc.), results of prisoners' search, and application of statutes governing judgment;

1. Relevant Article 319 of the Criminal Act, the choice of criminal punishment, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the criminal liability of the defendant is heavy in that the defendant again commits each of the crimes of this case during the period of repeated crimes due to the same kind of crime for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

However, in consideration of the fact that the defendant's mistake is recognized, the thief crime is committed against the attempted crime, and other circumstances that are conditions for sentencing, such as the age, character, conduct and environment of the defendant, the same punishment as the order shall be determined.

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