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(영문) 수원지방법원 안양지원 2017.08.29 2017고단545
야간건조물침입절도미수
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

On March 17, 2017, the Defendant: (a) entered the fourth floor of the Gu C building in Ansan-si around 23:26 on March 17, 2017, and attempted to commit a crime by entering the same as a member of the Council with the mind that the Defendant stolen the object, and in an influence method, did not discover the stolen object, but did not discover it.

Thus, the defendant had invaded on a structure at night and attempted to steals property.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of CCTV Acts and subordinate statutes;

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

1. Determination of the assertion of the defendant and his defense counsel under Article 62(1) of the Act on the Suspension of Execution and the defendant and defense counsel had a mental and physical weakness at the time of committing the instant crime

The argument is asserted.

However, according to evidence duly adopted and examined by this court, in particular, according to CCTV images at the scene of the crime, the defendant was in a state that the defendant lacks the ability to discern things or make decisions, in light of various circumstances, such as the process, process, and method of the crime of this case, such as intrusion upon the scene of the crime, turning on his/her function of distributing smartphones and printing stolen objects.

Therefore, the above assertion by the defendant and his defense counsel is rejected.

Reasons for sentencing - favorable circumstances: The fact that an offense is committed against an attempted crime, the fact that the defendant is the primary offender, the fact that the defendant is disadvantageous: The fact that there is no agreement with the victim.

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