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(영문) 인천지방법원 부천지원 2016.04.28 2015고단3410
야간건조물침입절도미수
Text

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

Reasons

Punishment of the crime

[criminal history] On February 6, 2015, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution on June 20, 2015 in the Incheon District Court’s Branch Branch of the Incheon District Court due to intrusion of buildings at night, larceny, etc., and is still under suspended execution.

[2] On December 7, 2015, the Defendant intruded into the “E” restaurant operated by the victim D of the victim D on the Kimpo-si, Kimpo-si, and one story on December 7, 2015, through the open window of the above restaurant for the purpose of stealinging food, etc., but the Defendant did not commit an attempted crime against the security company’s employees dispatched after receiving the signal of intrusion reduction, and the police officers dispatched upon receiving the report of 112 employees of the above security company.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Two copies of on-site photographs;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report attached to the same kind of force as the suspect);

1. Reasons for sentencing prescribed in Articles 342 and 330 of the Criminal Act (no sentencing criteria shall apply because it is an unregistered crime) with respect to the crime;

Although there are favorable circumstances such as the defendant's wrongness against the defendant, the victim does not want punishment, a sentence shall be imposed as long as the crime of this case is committed during the suspension period.

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