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(영문) 춘천지방법원 속초지원 2016.11.02 2015고단172
야간방실침입절도미수등
Text

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

1. On December 25, 2013, the Defendant: (a) around 03:40 on or around 25, 2013, at the office of “E Association” administered by the victim D, and (b) at the nearest location the water tank, etc., carried a large amount of glass and glass door, carried the front door door door door door, and carried the objects to be stolen; (c) the Defendant was arrested and attempted to arrest the police officer dispatched upon receiving a report.

Accordingly, the defendant attempted to steal property by intrusioning a room at night.

2. The Defendant damaged the property damage by gathering a large amount of 840,000 won in total of market prices managed by the victim D at the time and place described in paragraph (1) of this Article (a) and a glass entrance (70 cm in length, 160 cm in length) and a glass entrance (160 cm in length, 160 cm in length).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A damaged photograph;

1. Application of the written estimate statutes;

1. Relevant Articles 342 and 330 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Articles 366 of the Criminal Act ( point of attempted larceny at night), and Article 366 of the Criminal Act ( point of destroying and damaging property, and Selection of Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Application (Crime of Destruction and Damage of Property) of the sentencing criteria (Scope of Recommendation), general criteria, type 1 (Destruction, Damage, etc. of Property), basic area (special person for four or ten months of imprisonment) (special person): Provided, That as the sentencing criteria are concurrent crimes with the crime for which no sentencing guidelines have been set, only the lower limit of the above recommended sentence shall apply.

2. Determination of sentence: (a) the fact that the nature of each of the crimes of this case was extremely poor in light of the methods and contents of each of the crimes of this case; (b) the damage was not recovered; and (c) the fact that the Defendant did not reach an agreement with the victim is disadvantageous; (c) the Defendant’s mistake is closely against his/her own fault; and (d) the Defendant’s age, character and conduct, environment, and motive, means and consequence of the crime of this case are committed

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