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(영문) 인천지방법원 2016.11.03 2016고단3294
야간주거침입절도미수
Text

A defendant shall be punished by imprisonment for six 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 May 4, 2016, around 22:10 on May 4, 2016, the Defendant had been living in Bupyeong-gu Incheon Metropolitan City Bupyeong-gu C Victim D, and had the victim's goods stolen from the victim's goods, and went up to the third floor of the house using the external stairs, using the open stairs, and intruded into the living room through the open door.

However, the defendant was unable to listen to the scale of the human body, and the defendant was not aware of the victim's right from the room.

Accordingly, the defendant attempted to steal the victim's property by intrusion upon the victim's residence at night.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes, such as CCTV images and foreign criminal records;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures are as follows: (a) the Defendant entered the Republic of Korea as a visiting employee in 2014; (b) the Defendant works as a worker on a construction site; and

There was no record of committing a crime in the Republic of Korea prior to the instant case, and all of the instant crimes were recognized from the investigation stage to the court of the instant case and reflected.

The punishment shall be determined as per the order, taking into consideration the fact that a crime does not cause property damage to the victim due to an attempted crime, and all other circumstances constituting the conditions for sentencing as shown in the pleadings of this case.

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