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(영문) 서울북부지방법원 2018.05.17 2017고단4106
야간주거침입절도미수
Text

A defendant shall be punished by imprisonment for one year.

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 June 3, 2017, at around 01:0, the Defendant considered that the above house gate was opened in front of the victim C’s residence located in Jung-gu Seoul, Jung-gu, Seoul around 017, and had the mind to steals the house.

Then, the defendant opened a rupture and opened the said rupture to the said rupture, concealed the fingers, etc. located in the mobile phone, and colored the surrounding areas, but it was impossible to discover stolen objects, and returned out of the house.

Accordingly, the defendant invadeds on a human habitation at night and tried to steals another's property, but did not bring about such intention and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

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

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 is against the Defendant’s attempt to commit the instant crime.

There is no substantial damage from attempted crimes.

At the time of committing the crime, he did not possess a deadly weapon, etc., but entered the Seodaemun only, but did not intrude into it.

There is no punishment imposed in Korea.

The punishment shall be determined as ordered by comprehensively taking into account such circumstances, the age of the defendant, sexual conduct, motive for the crime, and circumstances after the crime.

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