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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 고양지원 2016.06.10 2016고단687
야간주거침입절도미수
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On December 24, 2015, the Defendant opened a string door, which was in possession of the victim D, and was in possession of a multi-use room at around 19:40 on December 24, 2015, and opened a string door, which was in possession of the victim’s office, and obstructed the Defendant’s attempted by hearing sound, which was caught by the victim’s articles to be stolen, and then she ended by the wind, which was discovered by the victim’s office.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement of D or E;

1. An investigation report (verification between sunset);

1. 각 수사보고 첨부 현장사진 ( 피고인이 범행 내용을 부인 하나, 피고인이 사건 당시 손전등을 비추며 실내를 둘러 보고 있었고, 이 사건 주거의 구조나 형태, 인근에 장모 댁이 있음에도 굳이 이 사건 피해자의 주거에 들어간 점 등에 비추어 피고인이 화장실이 급하여 들어갔다는 진술은 신빙할 수 없고, 범행 내용에 관하여 합리적 의심을 넘는 증명이 있다고

applicable to the laws and regulations.

1. Relevant Article of the Criminal Act and Articles 342 and 330 of the Criminal Act concerning the selection of criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The circumstances favorable to the defendant who does not reflect the instant crime: The defendant has no record of any other crime except for those subject to a disposition of suspension of indictment for special larceny; the crime of this case was committed in an attempted crime and there is no property damage to the victim; the defendant's age, sexual behavior, family relationship, family environment, motive and means of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking full account of the sentencing conditions as shown in the instant trial process, including the above circumstances.

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