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(영문) 대구지방법원 포항지원 2016.09.21 2016고단929
야간주거침입절도미수등
Text

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

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

Reasons

Punishment of the crime

1. On July 3, 2016, the Defendant intrudes into the 1st floor entrance of the D company house managed by the victim D in Ulleung-gun, Ulleung-gun, U.S. on July 3, 2016, and entered the 2nd floor to the bend floor through the window located in the stairs going up to the 201st floor, and went out of the apartment.

Accordingly, the defendant invadedd the victim's residence.

2. On July 15, 2016, the Defendant attempted to larceny at night, as indicated in paragraph (1) around 21:50, entered the 1st floor entrance, 1:2 D company house, and opened a 2nd floor up to the second floor, and intruded into a blished window, which is not corrected by 201, in which the victim E resides, and found a received place and an object to be stolen after breaking it to the small room, and then attempted to escape.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to report on investigation (at night, confirmation on attempted larceny sites and attachment of photographs);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 342, 330 (the attempted charge of larceny at night) of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following favorable circumstances considered as the reasons for sentencing);

1. To observe the protection and observation and the reasons for sentencing under Article 62-2 of the Social Service Order Act, taking into account the following circumstances: Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and other various sentencing conditions, such as the circumstances after the commission of the crime, the sentence shall be determined as ordered.

The favorable circumstances: the theft crime is committed against the attempted crime, the victim expressed his intention not to punish the defendant, there is no record of criminal punishment exceeding the fine, and there is no time to deal with the family.

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