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(영문) 수원지방법원 안산지원 2016.06.10 2016고단1434
야간주거침입절도미수
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On June 13, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Seoul Southern District Court on the Aggravated Punishment, etc. of Specific Crimes, and the Defendant completed the execution of the sentence in the lawsuit against the second intersection of the North Koreanbuk Island on July 8, 2014.

On May 8, 2016, the Defendant invadedd on the corridor and stairs of the victim D in light of 03:0 on May 8, 2016, and tried to steal the property, such as cash, etc., in a case where the hallways were opened to the hallways, using the gate of the first floor, which was opened in light of the victim D at the time of light lighting. However, the Defendant attempted to steal the property, such as cash, etc., in the residence of the victims located in E, F, Ma, H, I, and J. At that time, the Defendant was unable to bring the gate, and she did not go against the intent of the gate, but attempted to do so.

Accordingly, the defendant had invadedd the victims' residence at night and attempted to steal the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement in K, L, M, N, andO;

1. A report on investigation (specific place of crime);

1. Place and photograph of the crime;

1. Guidance on the place of crime;

1. On-site CCTV CDs;

1. Application of Acts and subordinate statutes to refer to inquiries, such as criminal history, and reporting on investigation (report on the previous conviction of repeated crimes);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In light of the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the fact that the defendant has a lot of criminal records for the same kind of crime, and the defendant commits each of the crimes of this case during the period of repeated crime due to the same crime, it is inevitable to sentence the defendant to be sentenced.

However, it is decided as per the disposition on the grounds that the defendant is led to confession and reflect, and all of the crimes of this case are committed in the attempted crime, etc., as shown in the trial of this case, by taking account of all the sentencing conditions as shown in the trial of this case.

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