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(영문) 인천지방법원 부천지원 2016.07.20 2016고단1280
야간주거침입절도미수
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 8, 2016, at around 22:50, the Defendant: (a) reported that the fronts, etc. of the victim D, which was located on the third floor in Bupyeong-si, Seocheon-si, Seocheon-si, and that there was no person, and went into the victim’s residence through the open gate in order to find stolen objects; (b) went into the victim’s residence; (c) went into the house through the open gate in order to find stolen objects; and (d) went into the house through the warehouse, the Defendant did not come into the door of the crime prevention window, which is located on the third floor according to the stairs, and went into the house through the window, and did not go through the wind to the victim’s house when intending to move into the house of the victim through the window.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of Acts and subordinate statutes to written reports on results of field identification;

1. Circumstances in favor of the reasons for sentencing under Articles 342 and 330 of the Criminal Act concerning criminal facts: The defendant led to the confession of the crime of this case and his mistake appears to be repented, etc.; the crime of this case was committed at night and it is not good that the crime of this case was committed; the defendant had already been punished for the same kind of crime; and the crime of this case was committed without being aware of even though he had been under suspension of execution period at the time of the crime of this case; and other circumstances under Article 51 of the Criminal Act, including the fact that the defendant committed the crime of this case without being aware of the fact that he had been under suspension of execution period at night.

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