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(영문) 부산지방법원 2019.05.15 2019고단670
야간주거침입절도미수
Text

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

Reasons

Punishment of the crime

On April 30, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for night building intrusion, larceny, etc. at the Busan District Court on April 2, 2016, and the execution of the sentence was terminated at the Busan District Court on April 2, 2016, and on December 11, 2018, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Busan District Court on December 24, 2019 and the judgment became final and conclusive on April 2

1. On October 19, 2018, the Defendant, at around 02:00, tried to remove a shock net installed on the window in order to steal goods located in the aforesaid marina from hand before the “Dma” operated by the victim C, which was operated by the Busan B, and did not go through an attempted attempt to turn on the wind that the victim was locked in the bee bomb, but did not go through that intent.

2. On October 23, 2018, the Defendant, at around 02:30 on October 23, 2018, tried to remove a shock net installed on the window to steal the goods in the said set from hand, and intrude into that device, but did not bring about an attempted attempt by the victim, who was locked in the course of a bet in the course of a bet.

Summary of Evidence

1. Statement to C by the police;

1. Confirmation of identity of the thief;

1. Previous convictions: Application of the Acts and subordinate statutes to refer to inquiry reports and investigation reports;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. While the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders has been punished several times due to larceny, etc., the fact that the Defendant again committed the instant crime within the period of repeated crime is disadvantageous to the Defendant.

However, all of the crimes are committed in attempted crimes, equity in the case of punishment, and other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive for the crime and circumstances after the crime, etc.

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