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A defendant shall be punished by imprisonment for three years.
The request for the attachment order of the location tracking device of this case is dismissed.
Reasons
Punishment of the crime
On October 5, 2016, at around 01:30, the Defendant came to the house of the victim D (n, 61 years of age) located in Seogu Daegu-gu, Daegu-gu, with a view to taking the property by force, and found the cell gate (19cm in total length, 8.5cm in length on the day), which is a dangerous object on the front of the gate, and carried the cell gate, and opened the cell gate, which is not corrected, and intrudes the victim’s residence, and intrudes the victim’s house, with his hand upon finding the victim’s cell gate used in the ward, which was carrying the victim’s left arms. However, the Defendant tried to take the property from the victim by intimidationing the victim’s neck on his hand, and hearing the victim’s secret, and then deducted the victim’s husband, her husband, and arrested the victim from EF cell and the victim.
In this respect, the defendant, while carrying a deadly weapon, tried to take property by intrusion upon the residence of a person at night, but did not bring about such intent and did not commit an attempted crime.
Summary of Evidence
1. Partial statement of the defendant;
1. The written statement by the police against D (the defendant intrudes into the house of the victim for the purpose of larceny at the time and place stated in the facts of the crime in the judgment, and threatens the victim and his family by using the bags used for the cell, which are dangerous objects to escape arrest. However, at the time of the crime of this case, the defendant alleged that he did not enter the victim's house with robbery intent at the time of the crime of this case. Thus, the defendant can be acknowledged in full view of the evidence of this case, including the above statement by the victim, who carried the above cell bags used in the victim's new storage house, and carried them inside the house, and carried the victim's hand with the victim's hand, who was living in the victim's new storage house at the time and place where the crime of this case was committed, and made intimidation the victim's hand, and according to the above facts of recognition, the defendant is with the intent to force the victim's property.