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(영문) 대구지방법원 서부지원 2013.11.26 2013고단1240
절도미수등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 16, 2013, the Defendant, on the 14:40 on September 16, 2013, entered the family of the victim C (the 50-year old) located in the Seogugu Seo-gu, Daegu-gu, and entered the family of the victim C (the 50-year old-old) with the intention of thefting property above the fence, and then 10cm in length and 10cm in width, string the string of the string of the string of the string of the string of the string of the entrance, and

Accordingly, the defendant invadedd the victim's residence.

2. The Defendant attempted to capture stolen objects and steals property owned by the victim by entering the victim C’s house in the same manner as the date and place described in paragraph (1) at the time and place specified in paragraph (1). However, the Defendant did not find stolen objects.

Accordingly, the defendant tried to steal the victim's property, but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. On-site reports (on-site and on-site verification), application of law of field photographs;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and Articles 319 (1) (Influences into residence and choice of imprisonment), 342 and 329 (Influence of larceny and Selection of Imprisonment) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the defendant has been sentenced two times to suspended sentence due to the same crime, and even if so, he/she again commits the crime of this case. However, the larceny is attempted, the theft is divided, and the defendant's age, character and conduct, and motive and circumstance of the crime of this case are considered, and all other circumstances constituting the conditions for sentencing as shown in the arguments of this case, including the defendant's age, character and conduct, and the motive and circumstances of the crime

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