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(영문) 광주지방법원 목포지원 2014.12.22 2014고단1891
야간주거침입절도미수
Text

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

Reasons

Punishment of the crime

On September 21, 2011, the Defendant sentenced the Seoul Eastern District Court to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on August 14, 2014.

1. On November 10, 2014, the Defendant committed the crime committed on November 10, 2014, committed in front of the victim D’s house in Magpo-si C around November 10, 2014, and invaded inside the house through open entrance, and colors the inside, but the Defendant did not commit an attempted crime by impairing the victim’s his/her his/her wife’s son’s son.

2. The Defendant committed the crime on November 11, 2014, committed the crime, around November 201, 2014, when around November 20:30, in front of the Victim’s house as indicated in paragraph (1), and went into an attempted attempt without thefting the property, by being discovered to the victim who was Mad even after being invaded through an open entrance.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. - Photographs of place of crime;

1. Previous convictions indicated in the judgment: Application of criminal records and other inquiries inquiry reports, and the current status of personal identification and acceptance (A) Acts and subordinate statutes;

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

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

1. From among concurrent crimes, it is inevitable to sentence the defendant as a sentence in light of the following: (a) the defendant again commits the crime of this case during the period of repeated crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes; and (b) the statutory penalty for attempted larceny at night is only imprisonment.

However, the punishment against the defendant shall be determined as the disposition in consideration of the fact that the defendant's mistake is recognized and reflected, the crime of this case is committed in the attempted crime, the age, character and conduct, family relationship, etc. of the defendant.

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