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(영문) 창원지방법원 2016.03.11 2015고단3500
야간주거침입절도미수
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 22, 2015, the Defendant went to the house of the Victim AR located in Q Q, at the Jinju City around September 02, 2015, and intruded into the house through the closed door that was not corrected, and then colored the cellular phone, cash, etc. to be stolen, the Defendant fleded to the victim as they were.

Accordingly, the defendant invadedd the victim's residence at night, and tried to steals the object, but did not bring about the intention.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. A report on forced indecent conduct and a report on the handling of reported cases;

1. Application of the photographic Acts and subordinate statutes;

1. The crime of this case committed on the grounds of sentencing under Articles 342 and 330 of the Criminal Act regarding the crime of this case is committed by the defendant who intrudes upon another person's residence and attempted to steals goods, and the nature of the crime is not somewhat weak. Despite the fact that the defendant again committed the crime of this case despite the fact that he had been punished for suspended execution due to the same kind of crime, it is disadvantageous to the defendant.

However, in full view of the various circumstances, such as the fact that the instant crime was committed in the attempted crime, the fact that the Defendant is against the Defendant, and the Defendant’s age, sexual conduct, environment, family relationship, etc., and the conditions for the sentencing indicated in the instant case, the sentence of the same sentence as the disposition is imposed.

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