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(영문) 광주지방법원 2017.12.08 2017고단4098
야간주거침입절도미수등
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 1, 2017, around 15:00, the Defendant: (a) stolen property from the victim C’s house located in Nam-gu Seoul Metropolitan City, Nam-gu, Gwangju; (b) invaded upon the victim’s house; (c) 5,000 won in cash, which was the victim’s possession in a small room, and 55,00 won in cash, which was the victim’s gate inside the city; and (d) stolen it.

2. On March 7, 2017, the Defendant attempted to larceny at night, following the victim E’s house located in the Southern-gu Seoul Metropolitan City, Gwangju Metropolitan City (hereinafter “Seoul Metropolitan City”) around 19:00, and the Defendant attempted to commit an attempted theft by entering a small door door and opening a window to a plan to enter the house.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and C (victim);

1. Application of the police seizure protocol and the statutes on the list of seizure;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), Article 329 of the Criminal Act (the point of Section 329 and the choice of imprisonment), Articles 342 and 330 of the Criminal Act (the point of attempted larceny upon residence at night) concerning criminal facts;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protection and observation, and community service order under Article 62-2 of the Criminal Act;

1. On the grounds of sentencing under Article 48(1)1 of the Criminal Act, the punishment as ordered shall be determined by taking account of the circumstances constituting the conditions of sentencing as shown in the records, such as the following circumstances and the Defendant’s age, sex, environment, family relationship, motive and consequence of the crime, and the circumstances after the crime.

A favorable circumstances: The defendant is led to confession, and is against himself.

Among stolen goods, the bals and bals were returned to the victim C.

At night, the crime of larceny in the instant case was attempted.

On October 1982, the defendant was sentenced to criminal punishment for one year of suspended execution for special larceny on or around 1982.

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