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(영문) 창원지방법원 마산지원 2017.07.19 2017고단621
야간주거침입절도미수
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On March 26, 2017, at around 03:15, the Defendant sought to steal money and valuables by impairing the victim’s house through the air conditioner room installed on the victim’s wall’s house and the air conditioner window installed on the victim’s wall. However, the Defendant did not commit an attempted attempt, even if it did not come to the wind that the victim’s house was cut off on the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A protocol of seizure and a list of seizure;

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. The reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act do not have any record of crime since 2000, and the fact that the crime of this case was committed in an attempted attempt, led to confession and reflects the truth, and the defendant’s age, sex, environment, circumstances leading to the crime, means and method of the crime, result, etc., the punishment as ordered shall be determined by taking into account the conditions of sentencing, such as the following circumstances.

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