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Reasons
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(영문) 서울북부지방법원 2017.09.05 2017고단2641
야간주거침입절도미수
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On April 7, 2017, the Defendant was sentenced to imprisonment with prison labor for a maximum of two years and for a short of one year and six months in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes at the Seoul Northern District Court, and is currently pending in the appellate trial. On June 30, 2017, the Defendant was sentenced to four years for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes at the Seoul Northern District Court, and is still pending in the appellate trial.

[Criminal facts]

1. On April 23, 2017, the Defendant attempted to larceny residence at night, around April 23, 2017, at around 03:51, on April 23, 2017, the Defendant: (a) opened a window, which goes beyond the fence and does not correct the door to the second floor through the stairs; and (b) intruded into the dwelling room, and went back to the well; (c) did not steal any stolen object, and did not commit any attempted crime.

2. On April 24, 2017, the Defendant attempted to larceny at night, on April 24, 2017, at around 02:39, at the place indicated in paragraph (1) around April 24, 2017, and did not commit an attempted crime, even though he/she invaded into a ward in the same manner as that of paragraph (1) and colors stolen objects.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written statements of D;

1. Application of CCTV-related Acts and subordinate statutes;

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

1. The Defendant’s reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravation of Concurrent Crimes is against the time of committing the instant crime.

However, the defendant intrudes on another's residence against the new wall time and commits theft, and the crime is not likely to be committed in consideration of the time and method of the crime, the danger, etc.

The defendant was sentenced to two years of imprisonment on April 7, 2017 and one year and six months of a short-term of one year and six months for the same crime.

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