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(영문) 서울서부지방법원 2018.08.21 2018고단1470
야간주거침입절도미수
Text

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

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a two-year suspended sentence for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse on September 21, 2017 by the Seoul High Court, which became final and conclusive on September 29, 2017.

[2] On April 18, 2018, at around 03:12, 2018, the Defendant discovered that the windows are opened in the victim D, who had been located in the Eunpyeong-gu Seoul building C building 201, and found the victim’s residence of Eunpyeong-gu Seoul building 201, stolen another’s articles, and discovered a window that was installed on the wall of the above residence, and opened a window that was unlocked up to the second floor, and intrudes into the wall, thereby opening a door leading to the living room. The Defendant attempted to have the victim, who was living in the living room, experienced her human slebling, and she did not escape from the lock, and failed to achieve that intent.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. A report on internal investigation (verification of CCTV around the scene), report on internal investigation - Confirmation of CCTV for a suspected victim's escape (1), report on internal investigation - confirmation of CCTV for a suspected victim's escape, tracking (2) ofCCTV and tracking of the escape route, report on internal investigation (as to the on-site inspection and attachment of photographs), report on emergency seizure - Attachment of photographs, investigation report-to-report on CCTV image data for a damaged area;

1. On-site photographs, ctv photographs before and after the suspect committed the crime, ctv photographs, suspect escape-based ctv photographs, ctv photographs of tracking CCTV 2, on-site photographs, the process of discovery of evidence, and ctv video data, such as the location of damage;

1. Previous convictions: Application of inquiry statements, such as criminal history, and investigation reports (facts under probation period)-related Acts and subordinate statutes;

1. Article 342 of the Criminal Act and Article 330 of the Criminal Act regarding criminal facts are the reasons for sentencing, and the sentencing criteria are not applicable.

The defendant who has already committed the same crime, such as special larceny and special larceny, and has been subject to juvenile protective disposition several times, and the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse is committed during the suspended execution period.

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