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(영문) 춘천지방법원 강릉지원 2017.05.26 2017고단492
특수절도미수
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On March 29, 2017, at around 22:30 on March 29, 2017, the Defendant entered a gate in front of the residence of the victim D located in the East Sea, and opened a beer door that was not corrected to the front beer back of the building, and opened the door leading to the front door of the building, but the door leading to the front door was set up at the front door of the building. However, the sound, which was set up in the front door of the above entrance, was destroyed by a portable but was set up in the front door of the building, was escape without the victim’s “I must.”

At night, the defendant tried to steals property by destroying a part of a structure and impairing the residence of the victim, but did not achieve such intent, but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written statements of D;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to a report on internal investigation (limited to the closure of CCTV for the purpose of crime prevention, CCTV confirmation and search for the passage of defendants and the figures entering the damaged place);

1. Articles 342 and 331 (1) of the Criminal Act relating to the facts constituting an offense;

1. The crime of recidivism in this case was committed only in one month after a judgment of the same suspension of execution as the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following conditions for sentencing) was rendered, considering the form and attempt of the crime of this case in unfavorable circumstances, and agreed with the victim that the crime of this case was committed in reflectivity and attempted attempt, the remaining suspension of execution may be invalidated due to the final judgment of this case, the defendant's family environment, etc. shall be mitigated considering the favorable circumstances, and the defendant's punishment against the defendant shall be set at the lowest limit of the applicable sentence.

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