Text
Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On March 24, 2018, the Defendant: (a) opened a gate, which was opened for the purpose of cutting off clothes from the victim C, which was located in the area of the victim C, which was located in the Nam-gun, Chungcheongnam-gun; and (b) invaded upon the victim’s residence.
2. The Defendant attempted to larceny: (a) opened a gate at the time, time, and place specified in paragraph (1); and (b) attempted to see the body of the victim’s female clothes attached to the passage of the gate; (c) but, (d) attempted to flee with the victim’s son and sound, she escaped from the wind, as it is, with the victim’s son.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against C;
1. Application of Acts and subordinate statutes to a report on investigation;
1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Articles 342 and 329 of the Criminal Act, and the choice of fines for the crime;
1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed for the attempted larceny with heavier punishment);
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. In full view of the elements of sentencing under Article 334(1) of the Criminal Procedure Act as well as the elements of sentencing under the grounds for sentencing, and all the conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sexual conduct, environment, circumstances before and after the crime, and circumstances before and after the crime, the punishment is determined as ordered.
The factors of favorable sentencing: The defendant's mistake is recognized and against himself, the damage suffered by the victim is not significant due to the attempted larceny, the intrusion and theft place is a passage in residence where the risk of crime was relatively small, and the defendant supports the mother who suffers from disease such as high blood pressure, heart disease, etc.
An unfavorable sentencing element: A majority of criminal records (the theft of clothes that are the same as the crime of this case) and each of the crimes of this case again during the period of repeated crime.