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(영문) 부산지방법원 동부지원 2017.01.18 2016고단2361
야간주거침입절도미수
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 9, 2016, at around 04:0, the Defendant: (a) opened a living room window at a 1st floor where the victim D was living in Busan Southern-gu, Busan-gu, and intruded into an open room; and (b) attempted to steal money and valuables by following the cremation at the place; (c) but (d) the victim, who was locked, tried to steal the money and valuables by taking a sound that was broken on the human body of the human body, and she attempted to flee with the wind.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the statement protocol to D;

1. The reason for the sentencing of Articles 342 and 330 of the Criminal Act regarding the crime of this case / [the scope of the recommended punishment] / The basic area (one year to two years) of the th category of the thth category of the thth category of the thief for general property (the thief for intrusion) (no special sentencing person) is set out in the sentencing guidelines, but the above sentencing guidelines are not set. However, the above sentencing guidelines corresponding to the time when the crime of this case was committed, considering the fact that the crime of this case was committed.

[Opinion of the Prosecutor] One year of imprisonment with prison labor [Determination of Punishment] 10 months, when the defendant had several previous convictions, intrudes on another person's residence and went to commit a theft crime; the defendant committed the attempted crime; the defendant's mistake was recognized; the defendant's age, sex, conduct, intelligence and environment; relationship with the victim; motive, means and consequence of the crime; and other factors of sentencing stipulated in Article 51 of the Criminal Act, such as the circumstances after the crime.

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