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(영문) 대구지방법원 2017.02.16 2016고단5790
야간건조물침입절도미수등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On September 22, 2016, the Defendant attempted to larceny at night buildings: (a) opened a entrance at around 04:13, in the “D” operated by the victim C in Daegu-gu Dong-gu, Daegu-gu; and (b) opened an entrance in his/her hand to steal the property; and (c) did not commit attempted crimes without opening an entrance.

2. On September 22, 2016, the Defendant attempted to larceny at night, at night, a entrance that was not set up in the “F” of the victim E residing and operated by the Daegu Dong-gu Dong-gu, Daegu-gu, and attempted to steal a new attack that was accumulated adjacent to the entrance, but failed to bring the victim’s personal sound, and failed to commit an attempted theft.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Application of Acts and subordinate statutes to a report on results of field identification;

1. Relevant provisions of the Criminal Act and Articles 342 and 330 of the Criminal Act concerning the selection of criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. On the grounds of the suspended sentence under Article 62(1) of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the sentence as ordered.

Unfavorable circumstances: The defendant invadeds on residence, etc. at night and steals the property, and the nature of the crime is bad.

The favorable circumstances: The defendant's crime of this case was committed against the attempted crime, and there is no record of committing the same crime against the defendant.

The defendant shows a attitude that the defendant repents his mistake.

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