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(영문) 수원지방법원 2017.05.12 2017고단1041
야간주거침입절도미수
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 4, 2016, 04:40 around 04:40, the Defendant was in front of the studio building in which the victim C was living, and was connected to the bend, 202, the house of the victim, who was located on the floor of the studio in order to steals money and valuables. The Defendant was not able to commit attempted crimes, even though he did not come to the wind that the victim was aware of.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. A report on the results of field identification;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 342 and 330 of the Criminal Act concerning the facts constituting the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is that the Defendant’s liability for the crime of this case is not minor in light of the risk of locked to the instant crime.

However, considering the fact that the defendant is able to repent of his mistake in depth and not repeat the crime, that the defendant, who was suffering from the economic crisis, seems to have committed the crime of this case in a contingent and contingent manner, and that there is no record of criminal punishment, the defendant's age, sex behavior, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., all the sentencing conditions stated in the arguments of this case shall be comprehensively considered and sentenced to the same punishment as the order.

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