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(영문) 수원지방법원 성남지원 2019.01.29 2018고단2761
절도미수등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On June 12, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, attempted larceny, and intrusion upon residence in the Sungnam Branch of the Suwon District Court. On July 16, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for robbery and intrusion upon residence in the Sungnam Branch of the Suwon District Court. On January 7, 2018, the Defendant terminated the term of imprisonment with prison labor in the Suwon Branch of the Suwon District Court.

【Criminal Facts】

On July 30, 2018, from around 11:03 to 11:15, the Defendant entered the house of the victim C (77 years of age) in the 2nd floor of Sungnam-si, Sungnam-si, through a rail rail of the first floor, and the victim who was in a room in the course of intrusion into the ward through the entrance with the corrective device and has sprinked the object to be stolen.

However, the Defendant reported that the victim was fluored with poor mobility, and suspended him/her from committing the crime by singing him/her.

Accordingly, the defendant invadedd the victim's residence, and attempted to steals the victim's property, and attempted to commit the crime by himself.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Data on photographs of the place of occurrence, the description of the suspect raised, and the data on photographic pictures;

1. Previous records of judgment: Application of criminal records, etc. and investigation reports (verification of the fact during the repeated period)-related Acts and subordinate statutes;

1. Relevant Article 319 (1) of the Criminal Act and Articles 342 and 329 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Articles 319 (1) of the Criminal Act;

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

1. Articles 26 and 55 (1) 3 of the Criminal Act for attempted suspension and mitigation;

1. Among concurrent offenders, the reason for sentencing Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act shows the attitude of the defendant to confession and reflect each of the of the crimes in this case, the defendant voluntarily suspended the crime, and the fact that the victim did not have any economic damage, and that the victim expressed his intention not to punish, etc., shall be taken into account equally in favor of the defendant.

However, there are many criminal records for the defendant.

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