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Reasons
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(영문) 인천지방법원 2016.04.11 2016고단787
야간주거침입절도미수
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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the victim C and his neighbor who resided in Jung-gu, Incheon, 105 Dong 301, Dong Dong-dong 202, Dong-dong 202.

The Defendant had experienced inconvenience that he received monthly pay and used money from ordinary gate. On January 10, 2016, in order to return home at around 02:36 on January 10, 2016, the Defendant laid the stairs installed in the above gate corridor, and dumpeded the property by impairing the body of the victim.

Therefore, the Defendant opened a window in the hallway of the second floor of the 2nd floor of the Dolle on the same day and opened the window on the roof of the 1st floor of the Dolle, and was installed in the bend of the victim's house.

In order to take the outside of the air conditioner room and open the above beer window, the victim's cell phone lighting, etc., which had been in possession of the above beer window, did not turn away the victim's house, but did not go through the wind of the victim's wife, who was slebling the body, and slebling the body of the victim's house, but did not go to the wind of the victim's slebling.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (for the verification of a victim's vehicle booms);

1. Articles 342 and 330 of the Criminal Act concerning the facts constituting the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (with no record of committing the same kind of crime, consideration, such as the fact that the crime was committed in attempted crimes, the fact that the crime was committed in attempted crimes, and the fact

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

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