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(영문) 수원지방법원 성남지원 2016.07.11 2016고단593
야간주거침입절도미수
Text

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

However, the execution of the above 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 March 2, 2016, at around 22:10, the Defendant opened a steel gate and intruded into the house of the victim C, which was located in Seongbuk-gu, Seongbuk-si, Sungnam-si, and then obstructed the stolen objects from the warehouse adjacent to the entrance, and then escaped from the victim after hearing sound, thereby resulting in an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of statutes on field photographs;

1. Relevant Articles 342 and 330 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The reason for sentencing under Article 62-2 of the Social Service Order Act / [the scope of recommendations] The reason for sentencing under Article 62-2 of the Social Service Order / [the scope of punishment / [the grounds for sentencing] the mitigated area ( August to January 6) [the special mitigated person] [the (type 4)] when intrusion upon a place other than indoor residential space / [the decision of sentence] unfavorable circumstances: The circumstances favorable to the fact that the instant crime was committed even though there are several times of power: the above circumstances and the defendant's age, sex behavior, environment, relationship with the victim, circumstances leading to the crime, etc. are considered, and the punishment shall be determined as ordered in consideration of all the circumstances of sentencing such as the above circumstances and the defendant's age, sexual behavior, relationship with the victim, and circumstances leading to the crime.

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