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(영문) 부산지방법원 2014.02.13 2014고단1
야간주거침입절도미수
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 22, 2011, the Defendant was sentenced to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Busan District Court on December 5, 201, and completed the execution of the sentence in Busan Correctional Institution on December 5, 2012.

1. On August 2, 2013, around 03:10 on August 2, 2013, the Defendant: (a) placed the Victim C’s content, which was camping in order to steal things located in the content in the Yannam-dong, Seo-gu, Busan, in the camping site, into the tear, into the body; and (b) went back those things in the content, and the Defendant did not commit an attempted act, if the Defendant had the victim feel the human body.

2. The Defendant, at the time and place specified in the foregoing Paragraph 1, did not discover a stolen object while opening a lusher with the name, influenite, the victim of the instant item, who had been camping in order to steal things in another content continuously and in a place, by inserting his head and hand into the lush, and did not commit an attempted crime even with the wind on which the said C filed a criminal report.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement to C by the police;

1. Photographs (crime scene, etc.);

1. A report on investigation (verification of witness of a victim);

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (the same criminal records for repeated crimes and the same criminal records);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. It is so decided as per Disposition by comprehensively taking into account the factors favorable to the Defendant, such as the fact that the Defendant again committed the instant crime during the period of repeated crime even though he/she was sentenced to a punishment for the same kind of crime as the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes, and the factors favorable to the Defendant, including the fact that the instant

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