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(영문) 인천지방법원 2017.04.20 2017고단642
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who resides in the Nam-gu B 603, Nam-gu, Incheon, and around 18:04 on December 26, 2016, at around 19:05, the victim C was living in the above B B 203 on the same day and around 19:05, and using the above B 203 on which the victim C was living, the victim's entrance password and the victim's front door password were inevitably set, and then intruded into the victim's front door and the victim's front door, and did not find it, but did not look back and attempted.

Accordingly, the defendant attempted to steals property by intrusioning the victim's residence at night over two times.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of victim C;

1. Application of Acts and subordinate statutes concerning CCTV for crime prevention;

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

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

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution (hereinafter the following factors) was that the victim appeared to feel a considerable fear due to the instant crime, and the victim took the place of his residence.

However, the defendant recognized his mistake and reflected his mistake.

It is a contingent crime.

Receiving a letter from the injured party.

A single fine shall be sentenced to only one fine.

The punishment shall be determined as per the order and the execution thereof shall be suspended, taking into account the circumstances above, the age of the defendant, sex, family relationship, property status, and other various conditions of sentencing.

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