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(영문) 서울동부지방법원 2016.03.10 2016고단251
야간건조물침입절도미수
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 23, 2016, at around 01:00, the Defendant opened a 1st floor of the victim’s building in Gwangjin-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City (E), opened an entrance behind the building, and intruded into the said furniture, opened a string door on the computer book, and opened a string door in light of the string inside the string, but failed to discover it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (the first and second examinations);

1. Each police statement made to F or D;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to photographs by cutting off on-site photographs and CCTV images;

1. The reason for sentencing under Articles 342 and 330 of the Criminal Act regarding criminal facts lies in the instant crime even though the Defendant had been sentenced to a sentence or a suspended sentence for the same kind of crime (a crime of larceny, night building intrusion larceny, and night building intrusion larceny) before, and committed the instant crime. In addition, the Defendant, while denying the crime by an investigative agency, led to a confession that CCTV images were presented as evidence.

Therefore, the sentence of sentence is proper for the defendant.

However, the crime of this case was committed in the attempted crime, and the victim did not want the punishment of the defendant, and the defendant recognized the crime in this court and reflects it in other favorable circumstances, and the conditions of sentencing prescribed in Article 51 of the Criminal Act, which were revealed in the process of the public trial of this case, shall be determined like the order.

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