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(영문) 의정부지방법원 고양지원 2016.12.23 2016고단3041
야간주거침입절도미수
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2, 2016, around 02:20, the Defendant: (a) intruded the victim D (mam, 54 years old)’s body of the sea area in Goyang-gu, Goyang-gu; (b) in order to steals things, such as food, etc. from the center of the sea area in Goyang-gu; and (c) obstructed the inside of the restaurant; and (d) obstructed the stolen things; and (c) obstructed the Defendant’s sound, she did so with the Defendant’s sound attached to the victim who was broken out in diving.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act;

1. Sentencing is not applicable to an attempted criminal of sentencing in Article 62-2 of the Probation Criminal Act.

[Modern circumstances] The crime is committed against an attempted crime, the crime is committed against an attempted crime, the crime is committed against a living penalty [unfavorable circumstances] twice the same kind of force including the punishment for suspended execution, and the agreement is not reached.

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