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(영문) 서울중앙지방법원 2014.03.26 2014고단140
야간건조물침입절도미수
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On August 23, 2012, the Defendant was sentenced to a suspended sentence of one year and two months of imprisonment for fraud at the Daejeon District Court on August 23, 2012, and the said judgment became final and conclusive on August 31, 2012, and is currently under suspended sentence.

2. On January 1, 2013, at around 00:15, the Defendant: (a) opened a string door for the victim E on the first floor of D hotel underground located in Seocho-gu Seoul Metropolitan Government, and opened the string door; (b) opened the string door to the said strings ditch; and (c) tried to cut off the string device electric wires installed in the strings, and then cut off the strings and clothes, and then cut off the property, but did not serve as a hotel staff member of the said hotel.

Accordingly, the defendant invadedd a structure at night and attempted to steal the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of G and E;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to judgments, etc. on the same kind of power), application of Acts and subordinate statutes;

1. Articles 342 and 330 of the Criminal Act applicable to criminal facts are identical in the grounds for sentencing, and the sentence is imposed in consideration of the fact that the defendant committed the instant crime during the grace period for the execution of the statement of criminal records stated in the judgment. However, the sentence shall be determined by taking into account various circumstances, including the motive, means and result of the crime, the defendant's age, environment, criminal record, family relation, and circumstances after the crime.

It is so decided as per Disposition for the above reasons.

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