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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
『2015고단1470』 피고인은 2015. 4. 14. 23:00경 서울 영등포구 C에 있는 ‘D’ 찜질방에 이르러 물건을 훔칠 생각으로 그곳에 침입한 후 다음날 02:30경 위 찜질방 내 남자 수면실에서 미리 준비해 가지고 있던 손톱깎이(서울남부지방검찰청 2015년 압 제872호의 증 제1호)를 이용해 자고 있던 피해자 E의 손목에 채워져 있던 사물함 열쇠의 줄을 끊은 후 이를 가지고 가 피해자의 사물함을 열어 그 안에 있던 물건을 훔치고자 하였으나 때마침 인기척에 잠에서 깬 피해자에게 발각되어 그 뜻을 이루지 못하고 미수에 그쳤다.
around 05:00 on December 6, 2014, the Defendant tried to cut down the key of the victim H's H's h's knife, which was being kept by using the 172 knife that was being kept in the 'Gslelebna' room located in F at the 'Gslebina' room located in the Mai-si, Mai-si on December 6, 2014 (No. 106 of the 2015 pressure No. 106 of the Daegu District Public Prosecutor's Office Kimcheon-si Office 2015), and then stolen the object by opening the victim's knife, but did not go through the intention by the gnife or the manager I.
Summary of Evidence
1. Defendant's legal statement;
1. Statement of the police statement of E;
1. A written statement of I;
1. Application of the respective Acts and subordinate statutes stipulated in subparagraph 1 of Article 872 of the pressure of Seoul Southern District Prosecutors' Office in 2015, and subparagraph 1 of Article 106 of the Daegu District Prosecutors' Office in 2015;
1. Articles 342, 330, 342 and 329 of the Criminal Act concerning the facts constituting an offense;
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 suspended execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that all of the crimes in this case were committed, and the criminal defendant was punished by a fine in the case of a defendant,
1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;
1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act above;