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(영문) 대구지방법원 2015.08.28 2015고단2679
야간건조물침입절도미수
Text

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

Seized evidence 1 and 2 shall be confiscated, respectively.

Reasons

Punishment of the crime

On October 30, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Daegu District Court, and was released on March 30, 2015 in the Daegu Detention House on parole on March 12, 2015.

On June 6, 2015, at around 00:14, the Defendant opened a door that was not set up in the “C office” under the Jung-gu Daegu Middle-gu B Mandle Underground, and intruded into the office, and brought about the object of the victim DNA management in the Uxane. However, upon receiving a report from the victim, the Defendant did not commit an attempted crime because it was discovered to the police officer in the Samduk-gu, the police officer called up.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to arrest reports on the occurrence of the case, investigation reports (as to attaching photographs of the seized articles), investigation reports (as to attaching photographs of the site);

1. Articles 342 and 330 of the Criminal Act applicable to the crimes;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act refers to the circumstances favorable to the defendant, such as the fact that the defendant commits a mistake, the fact that the crime was committed and the actual damage did not occur due to the attempted crime, and that D does not want the punishment against the defendant.

However, as stated in the first head of the judgment, the Defendant was provisionally released from prison labor for the same kind of crime during the period of parole, and the Defendant committed the crime of this case during the period of parole, and the Defendant intruded upon the Mack and the wall and invaded on the structure. In light of the method of crime, the nature of the crime is not good

In addition, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, etc., shall be equally considered and sentenced to the same punishment as the order.

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