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(영문) 대구지방법원 서부지원 2019.06.13 2019고단1033
야간주거침입절도미수등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Justice] On June 22, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for night-time intrusion theft at the Daegu District Court, and completed the execution of the sentence in a port prison on March 29, 2019.

【Criminal Facts】

1. On April 8, 2019, the Defendant attempted to larceny at night, around 02:20 on April 8, 2019, destroyed-gu, Daegu-gu (Seoul-gu) and then stolen the object in front of the Victim C’s house, and entered the house beyond the wall, but did not have the intention again, but did not have the intention again out of the wind.

2. The Defendant: (a) discovered out of the victim’s Republic of Korea outside of the wall at the time and place specified in paragraph (1); (b) discovered the victim’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea’s Republic of Korea

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. C’s statement;

1. A criminal investigation report (as to attaching photographs, etc. to extract CCTV images, etc.), and a criminal investigation report (as to attaching CCTV photographs, etc., the house before the crime is committed by a suspect);

1. Records of seizure and the list of seizure;

1. Previous convictions: Criminal records, investigation reports (verification of the release of suspects, and attachment of relevant written judgments, etc.), court rulings, and application of Acts and subordinate statutes to personal confinement;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 342 and 330 of the Criminal Act which choose a punishment ( point of attempted larceny at night), and Article 329 of the Criminal Act;

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

1. From among concurrent crimes, since the reason for sentencing Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act has not yet passed since the defendant was released from prison, the crime of this case is committed again during the same repeated crime period, and the defendant has a record of having been punished several times for the same crime, it is inevitable to sentence the defendant as a sentence.

However, the defendant confessions the crime of this case and repents his mistake, and has been returned to the victim by Oarba.

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