(영문) 청주지방법원 2017.08.31 2016고단2585

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(영문) 청주지방법원 2017.08.31 2016고단2585

건조물침입등

Text

A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of 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 September 3, 2016, around 18:20 on September 3, 2016, the Defendant discovered that the victim's door was opened in front of the collection of the victim C victim D, Jincheon-gun, Chungcheongnam-gun, and entered the warehouse without permission, and intruded into the warehouse without permission, and attempted to steals the victim's property on the wind discovered by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to arrest and report the occurrence of a case;

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act, Articles 342 and 329 of the Criminal Act, and the choice of imprisonment for the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection observation and treatment order Article 62-2 of the Criminal Act (The defendant had no intention of larceny since he had followed the team, west, etc. in the state of loss of mind and body due to a polar disorder, etc. in the date, time, place, etc. as indicated in the judgment;

The argument is asserted.

In full view of the following factors: (a) the background and method of the crime; (b) the method of the crime; (c) the circumstances after the crime; (d) the defendant was investigated by an investigative agency; and (c) the defendant’s attitude and behavior in this court, etc., it may be recognized that the defendant lacks the ability to discern things or make decisions at the time of the crime; (c) however, it does not seem that the defendant lacks the ability to discern things at the time of the crime; and (d) the reason for sentencing is recognized to a certain extent and reflect on the defendant’s mistake; (d) the defendant committed each of the crimes in a state of mental and physical weakness due to extreme disorder and disorder, and (e) treatment should take precedence over severe punishment against the defendant. In addition, comprehensively taking account of the sentencing conditions under Article 51 of the Criminal Act,

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