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(영문) 서울중앙지방법원 2013.07.24 2013고단3107
절도미수등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On July 28, 2006, the Defendant was sentenced to seven years of imprisonment due to robbery by the Seoul Northern District Court and completed the execution of the sentence in the female prison on February 4, 2013.

【Criminal Facts】

The defendant was living with work bonus, etc. taken out from the prison while being released from the prison, and his living expense was reduced, and thus thefting another person's property and raising his living expense.

1. At around 10:00 on February 23, 2013, the Defendant: (a) stolen the object from the victim D’s house located in Y B B B B 105, and (b) intruded the victim’s residence by drinking the back beer and fright, thereby impairing the victim’s house.

2. The Defendant failed to larceny, at the same time and place as that of the preceding paragraph, and during the scambling of stolen objects, the Defendant did not scam the victim D’s sound as “nicking” but failed to do so on the wind.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (the counter-investigation, etc. of victims);

1. fingerprints, replies, results of appraisal and written appraisal at crime scene;

1. All on-site photographs (the previous record on the market);

1. Criminal records;

1. The current status of personal water saving, application of a copy of judgment, and statutes;

1. Article applicable to criminal facts;

(a) An attempted larceny: Articles 329 and 342 of the Criminal Act;

(b) Entry into residence: Article 319(1) of the Criminal Act;

1. Selection of imprisonment with prison labor (in light of the method of committing a crime (defence and intrusion of the windows of dwelling in which people live with the purpose of theft of an article), it shall be considered bad in the light of the method of punishment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentence of imprisonment with prison labor for up to 18 years among concurrent offenders with prison labor for the reasons prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (limited to imprisonment with prison labor for up to 18 years) and for sentence of imprisonment with prison labor for up to 6 months (the crime during the period of repeated crime due to previous departments (special robbery, etc.) are committed during which the period of repeated crime is committed (the grounds for suspended sentence of imprisonment and 20 days after release).

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