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(영문) 수원지방법원 평택지원 2020.05.14 2020고단837
야간주거침입절도미수등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. A thief: (a) on March 23, 2020, at around 03:42, the Defendant stolen the victim’s property by discovering a tricheon-style bicycle with approximately KRW 170,000 in the market price set up on the front side of the “C” located in Pyeongtaek-si B; (b) cutting the corrected locks with a hacksaw, cutting them, and riding them.

2. On February 3, 2020, the Defendant: (a) around 19:20 on February 3, 2020, the Defendant: (b) opened gas pipes installed on the outer wall of Pyeongtaek-si E, which are the residence of the victim F; (c) opened a window where the Plaintiff was unlocked; and (d) obstructed the opening of the house; and (c) did not discover any object to be stolen; (d) but did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of D or F;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes governing internal investigation reports (CCTV investigation), internal investigation reports (I CCTV and damage investigation reports), and field photographs;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 342 and 330 of the Criminal Act which choose a punishment ( point of attempted larceny at night), and Article 329 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences based on the sentencing guidelines: Crimes for which the sentencing guidelines are set and offenses for which no sentencing guidelines are set (no sentencing guidelines shall apply to any person who attempts to larceny at night) are concurrent offenses under the former part of Article 37 of the Criminal Act, and the scope of recommended sentences of crimes for which the sentencing guidelines are set.

(a) Class 1 crime (at night decision on a type of larceny) (the thief) (the thief) (the thief) (the 4th category), intrusion larceny (the thief) mitigated element): The mitigated element of intrusion larceny (the thief (the stief): the mitigated area of livelihood [the recommended area and the scope of recommended punishment] mitigated area, and the imprisonment from August

(b) Second thief (determination of types) (a decision of thief). General property

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