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(영문) 창원지방법원 2015.11.30 2015고단2165
야간주거침입절도미수
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 2, 2015, at around 21:00, the Defendant opened a closed door and intruded into the living room at the time of Kimhae-si, the Defendant did not commit an attempted crime, but did not come to the wind, which is visible to the victim from locking, while displaying the stolen object.

Accordingly, the defendant invadedd a human habitation at night and tried to steals another's property, but he attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of statutes on site photographs;

1. The sentence of punishment under Articles 342 and 330 of the Criminal Act regarding a crime is inevitable considering the following: (a) the defendant was sentenced to a suspended sentence of imprisonment for the crime of violation of the Punishment of Violences, etc. Act; (b) the defendant committed the crime of this case while the appellate trial was in progress after being released from the suspended sentence; (c) the defendant committed the crime of this case by intrusion upon another person’s residence at night; and (d) the risk of an act is heavy in that he/she attempted to steals property by intrusion upon another person’s residence and did not reach an agreement with the victim: Provided, That it is deemed that he/she committed the crime of this case without the same kind of criminal record and living; and (d) the fact that the crime was committed in an attempted crime and the mistake was divided into an attempted crime; and (e) the sentence shall be determined like the order, by taking into account all all the sentencing conditions as shown in the oral proceedings, such as

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