(영문) 창원지방법원 거창지원 2011.09.28 2011고단229

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(영문) 창원지방법원 거창지원 2011.09.28 2011고단229

절도미수등

Text

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

Of the facts charged in the instant case, the violation of the Narcotics Control Act (mariju).

Reasons

Punishment of the crime

On October 11, 2006, the Defendant was sentenced by the Suwon District Court to five years of imprisonment for robbery as an injury by robbery and completed the execution of the sentence on May 13, 201.

On July 5, 2011, at around 17:00, the Defendant opened an unlocked gate before the victim D's house in Gohap-gun, Namcheon-gun, and entered the ma, opened a window, and opened it as a measure, and intrudes on the residence of the victim, and found a stolen object at that place through the victim's back, and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the date of release);

1. Relevant Article 319 (1) of the Criminal Act, Articles 342 and 329 of the Criminal Act concerning the facts constituting an offense, and Articles 319 (1) of the Election of Imprisonment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [decision of types] thief. thief. thief. thief. thief. thief. thief. 4, intrusioning general property - source of punishment - source of aggravation of punishment - source of aggravation: Aggravation of aggravation of punishment - area of mitigation [decision of the recommended area] [decision of the recommended area] range of mitigation [decision of punishment] from August to January 1, 196 (Adjustment pursuant to the applicable sentences of law] - The mitigated element is a repeated crime [whether or not the sentence is suspended]. [Determination of sentence] A person who is a repeated crime, and committed the same kind of crime in 20,000 won after being released from office, and considering the fact that the victim led the defendant to take advantage of the fact that he/she did not want to commit the crime or attempted punishment even if he/she did not want to commit the crime.

Parts of innocence

1. Of the facts charged of this case, each of the facts charged.

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