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(영문) 서울동부지방법원 2016.04.14 2016고단228
야간건조물침입절도미수
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 8, 2013, around 21:43, 2013, the Defendant intruded into the center of the 1st floor underground of Songpa-gu Seoul Songpa-gu Seoul (Seoul) and attempted to steal monthly exchange rights, annual membership rights, etc., but failed to carry out such intent.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to a report on investigation (verification of CCTV on a lot);

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

1. Article 26 and Article 55 (1) 3 of the Criminal Act to mitigate attempted suspension;

1. The grounds for sentencing under Article 62(1) of the Criminal Act for the suspended sentence are the attempted crime of this case; the defendant has no criminal record; the defendant has a deep record; the defendant reflects his depth; the defendant's age, sex, criminal conduct, environment, motive and consequence of the crime; and the conditions of sentencing specified in the trial of this case, including the circumstances after the crime, etc., shall be comprehensively determined as the sentence as ordered.

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