logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 영덕지원 2013.05.29 2013고단62
야간주거침입절도미수
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On December 10, 2012, at around 20:10 on December 20, 2012, the Defendant: (a) 10, 2012. The Defendant: (b) coming to the house of the Victim C located in Yeongdeungpo-gun, Chungcheongnam-gun; (c) coming to the house of Seodaemun-gun; (d) coming to the house of Seodaemun-gun; and (d) went to the house of his wife while entering the toilet, the Defendant discovered the victim’s wife and went to escape.

Accordingly, the defendant did not commit an attempted crime even though he tried to steals property by intrusion upon the victim's residence at night.

Summary of Evidence

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made to C by the police statement;

1. Each entry in an investigation report (related to telephone conversations of the victim C), an investigation report (report on confirmation of the address of the place of crime), an investigation report (report on the suspect's motive of crime), and an investigation report (report on the confirmation of the time of sunset on the day of the accident);

1. Application of the video-related Acts and subordinate statutes in Chapter 10 of field photographs;

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

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (hereinafter, a favorable sentencing condition among the reasons for sentencing) is that the Defendant intrudes upon the victim’s residence where only the victim’s wife and his/her offspring had his/her children at night beyond the fence to steal the property. In light of the fact that it was possible to commit an additional crime, such as causing physical harm to the victim’s wife and his/her children, and that it is necessary to prevent the Defendant from thought that such crime was committed in the future.

However, the crime of this case was committed in the attempted crime, and there was no additional crime, and the defendant was dead to find the victim as a part of the victim's four times, and the victim expressed his intention not to punish the defendant, and the defendant has no record of punishment for the same kind of crime, etc., the sentencing conditions for the defendant, and other conditions of punishment favorable to the defendant, such as the defendant's age, character and conduct, and the circumstances after the crime, etc.

arrow