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(영문) 서울동부지방법원 2016.09.29 2016고단2080
야간주거침입절도미수
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 20, 2016, around 01:20 on June 20, 2016, the Defendant came to the gathering of the victim C located in Gangdong-gu Seoul Metropolitan Government, and the victim used cres in order to steals the victim's property.

The defendant continued to open a vegetable net where he had been located, and tried to take the clothes that he had laid on the clothes of the bar, by unfolding the vegetable gar, but she was released to the victim and fleded.

Accordingly, the defendant tried to steal the victim's property, but did not commit it but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to internal investigation reports (CC-TV video analysis at the scene of occurrence and access road tracking);

1. Articles 342 and 330 of the Criminal Act concerning the facts constituting the crime;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is not heavy in light of the purpose, circumstance, object and method of the crime, etc., where the crime of this case was committed by intrusion upon the dwelling beyond the fence at night, and was committed by removing the shock network, and attempted to steals clothes in the gap.

The sentence shall be determined as ordered by taking into account the fact that the defendant has no record of criminal punishment heavier than the fine, or the conditions of sentencing prescribed in Article 51 of the Criminal Act.

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