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(영문) 수원지방법원 평택지원 2014.03.06 2013고단1677
야간주거침입절도미수
Text

A defendant shall be punished by imprisonment for six months.

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

On November 24, 2013, from around 02:40 to around 02:50 on the same day, the Defendant: (a) went through the air-conditioner room located on the bend of Pyeongtaek-si 404, in which the victim resides; (b) attempted to open the window of the above studio in order to enter the room as a measure; (c) failed to bring the door to correct it; and (d) failed to complete the attempt.

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. A report on the results of field identification;

1. Application of Acts and subordinate statutes to a written request for appraisal;

1. Article 342 of the Criminal Act; Articles 342 and 330 of the Criminal Act; the choice of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. The defendant in the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is two times, and there is a need for the corresponding punishment in light of the risk of repeatedness and sex offense, etc., since he/she again committed the instant crime in order to steals the clothes of a female in spite of the fact that there was a single investigation record.

Provided, That a suspended sentence shall be imposed in consideration of the fact that the accused recognizes the crime and repents and commits the attempted crime, and the community service order and probation shall be added to prevent the risk of recidivism.

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