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(영문) 광주지방법원 2014.11.25 2013고단5139
야간주거침입절도미수
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 28, 2013, at around 22:50, the Defendant confirmed that the windows set forth in subparagraph 202 of the second floor was open from the building located in Gwangju North-gu, Gwangju-gu, and invaded by the collection method through open windows going up and going up, and subsequently, the Defendant failed to arrest the police officer called out upon receiving 112 report while the Defendant was fluoring down the objects to be stolen in the house, ward, inside room, etc. by using the crepans that the victim C does not open.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police on D;

1. Each report on investigation;

1. Application of statutes on site photographs;

1. Articles 342 and 330 of the Criminal Act applicable to the crimes;

1. For the reason of sentencing under Articles 25(2) and 55(1)3 of the Criminal Act, the crime of this case committed by the defendant on the ground of sentencing is committed by intrusion upon another person’s residence at night and does not lead to such intent, and is committed attempted crimes. Since there are many possibilities that other person’s life or body may be harmed in the course of intrusion upon residence, it is not good that the crime is committed, and considering the fact that the defendant, knowing that he is under criminal trial, does not escape and fails to comply with summons by the court, the punishment corresponding thereto is inevitable. However, the defendant is deemed to have been imposed more severe damage to the victim because he/she was not stolen, and the defendant did not have any specific criminal power, and other circumstances such as the defendant’s age, character and conduct, environment, etc., such as the defendant’s age, etc., shall be determined as ordered

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