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(영문) 인천지방법원 2018.12.19 2018고단7454
야간주거침입절도미수등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 3, 2018, at around 01:56, the Defendant: (a) entered a 3rd floor, 2nd floor, and 3rd floor through the stairs, in order to steal the clothes of women in front of the 12rd-ro, Seo-ro, Incheon Gyeyang-gu, 475-ro; and (b) attempted to do so on the wind that does not have clothes, regardless of the intention of the 1st, 2nd floor, and 3rd floor through the stairs.

2. On June 11, 2018, at around 02:20, the Defendant, at around 02:20, cut off a single panty and a raging room for women’s use in the market under the management of the management of the collection box of the above Hun-Ba clothes by inserting hand inside the 11-way 8 Cheongong-gu, Incheon Gyeyang-gu, with a view to cutting off the clothes of women.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Relevant legal provisions concerning facts constituting an offense, Articles 342, 330 (a person who attempts to larceny residence at night) of the Criminal Act, and Article 329 of the Criminal Act (a person who attempts to larceny at night and a person who commits an offense) of the same 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria [Scope of the recommended punishment] [No person who has a basic area (four months to eight months) (the scope of the revised punishment] [the scope of the changed punishment] [the scope of the punishment corrected] for not less than four months (the compliance with the lowest limit of the punishment for crimes that are set forth in the sentencing guidelines, with the attempts to intrude into night buildings, the scope of the punishment for which the sentencing guidelines are not applicable];

2. A defendant has been sentenced to criminal records and three times of fine for the same kind; and

However, the crime No. 1 in the ruling was committed only by the defendant's joint passage, not by intrusion on the room, and the risk was not severe, and the crime No. 2 in the ruling was committed.

Defendant makes a confession of crime.

In full view of the above circumstances, the punishment as ordered shall be determined as above.

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