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(영문) 대구지방법원 서부지원 2020.05.21 2020고단1161
야간주거침입절도미수
Text

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

Reasons

Punishment of the crime

On April 19, 2018, the Defendant was sentenced to eight months of imprisonment for an attempted larceny at night at the Daegu District Court for the crime of larceny at night, and the execution of the sentence was completed at a permanent prison on November 1, 2018. On August 22, 2019, the Defendant was detained in the Daegu District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and was currently pending in the appellate court. On January 31, 2020, the Defendant was detained in the Daegu District Court for an undetained of an attempted larceny at night and was still pending in the first instance trial.

Criminal facts

1. On July 19, 2019, the Defendant: (a) around 04:10 on July 19, 2019, committed an attempted theft against the Victim AC by opening an unreshed main window and intrusion into the house into the house, which is the house of the victim located in the Cheongju-si AD; and (b) exposing the property to be stolen at the same place, the Defendant was aware of the victim’s attempted theft.

2. On July 19, 2019, at around 04:35, the Defendant attempted to larceny against the victim AG, the victim’s house located in the Cheongju-si, Cheongju-si, which came into an AI apartment AJ, which is the house of the victim, and went into the house, and intrudes into the house, and did not discover any property to be stolen during the process of printing the property to be stolen at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to AC and AG;

1. 112 Report processing table, the details of the 112 Reporting Case, the comprehensive car car tax analysis sheet, the taxi saco-meter analysis sheet, photographs, CCTV image data, and the booming booms of buses, on-site identification reports, gene appraisal reports, and CCTV image data to be cut;

1. A report on internal investigation (number 6,7,8,12);

1. Previous records of judgment: Criminal records, investigation reports (prior to and confirmation of repeated crimes), status of confinement of individuals, application of statutes governing judgment;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders is that the crime of this case is committed by intrusion upon another's house at the new wall time and thus theft and theft of property is very likely to be committed.

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