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(영문) 대전지방법원 2012.11.23 2012고단3620
절도미수등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On October 16, 2012, around 16:00 on October 16, 2012, the Defendant: (a) the victim D, who was in Daejeon Dong-gu Daejeon, was living together with his family; (b) the victim D, who was living together with his family, infringed upon the victim’s residence by entering the house through the first floor and the rear door of the building opened for the purpose of theft of property.

2. On the date and time stated in the preceding paragraph, the Defendant attempted to larceny, upon entering the entrance, confirmed the opening of the entrance under 301 after having opened the entrance, and had failed to commit an attempted theft, upon receiving a report from the police officer, and being arrested by the police officer on the wind, while displaying stolen objects, such as moving to the entrance, leaving the entrance, leaving the entrance, leaving the entrance, leaving the entrance, leaving the entrance, leaving the entrance, leaving the entrance, etc., and leaving the scene of theft.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of each statute on photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Intrusion upon residence: Article 319 (1) of the Criminal Act;

(b) Attempted larceny: Articles 342 and 329 of the Criminal Act;

1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act have already been punished several times. In particular, despite the fact that the defendant is under the suspension of execution due to the same kind of crime, he/she shall again be sentenced to a punishment by reducing the crime of this case: Provided, That the defendant is against the defendant, the victim does not want the punishment, and other factors such as the defendant's age, character and behavior, character and character, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be comprehensively considered and determined as the order.

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