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(영문) 광주지방법원 해남지원 2016.01.14 2015고단476
야간주거침입절도미수등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 9, 2015, around 04:15, the Defendant entered the victim’s house with a view to theft of property when the victim C was living in the third floor of the building located in Jindo-gun, Jindo-gun. However, when the victim’s house was unfolded, the victim’s house went out of the above building through a glass window outside the front door of the entrance, and entered the victim’s house. However, even though the victim’s house went out of the front door of the entrance, the Defendant was discovered from the victim’s house after hearing the human dog from the front door of the entrance. In order to escape from the victim’s house, the victim’s house fell out of the front door of the victim’s house.

Accordingly, the Defendant attempted to steal the property by intrusion upon the victim’s residence at night, but was discovered to the victim, and the attempted crime was destroyed by the victim, and the market price, which is the property of the victim, was destroyed by a chapter 1 of the middle door glass.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to field photographs (to the entrance of bed and the entrance doors damaged);

1. Relevant legal provisions concerning facts constituting an offense, Articles 342, 330 of the Criminal Act (the attempted larceny at night) and Article 366 of the Criminal Act (the point of destroying property and the choice of imprisonment with prison labor);

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Application of the sentencing criteria;

(a) Type 1 (Destruction of Property, etc.) in the mitigation area (one month to six months) (special mitigation person) in the general standards; and

(b) Scope of recommended punishments according to the standards for handling multiple crimes: Imprisonment for not less than one month (where the crimes for which the sentencing criteria are set and the crimes for which the sentencing criteria are not set compete, only the lower limit of the scope of the recommended sentences for the crimes for which the sentencing criteria are

2. In light of the fact that the Defendant, who was sentenced to punishment several times for the same kind of crime, committed the instant crime again, and that the Defendant escaped by avoiding a trial, the Defendant is strictly punished.

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