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(영문) 광주지방법원 2017.08.18 2017고단3082
야간주거침입절도미수
Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

On July 15, 2017, at around 21:50, the Defendant got out of the house of the second floor victim D of multi-household house located in Gwangju Northern-gu, Gwangju, the Defendant opened a door door door where the victim and his family had not been corrected by going to the second floor through stairs, and opened a door door where the victim and his family have not been corrected. The Defendant did not come out of the wind of the victim who was satisfying the money and valuables stolen in his ward and inside room and inside room, but did not come out of the wind and attempted.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution (two times);

1. Written statements of D;

1. Application of statutes on field photographs;

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

1. Reasons for sentencing under Articles 25(2) and 55(1)3 of the Criminal Act to be mitigated;

1. The sentencing guidelines shall not apply to attempted crimes. 2. Determination of sentence: The sentence shall be made in the same way as the order, taking into account the following circumstances in which the defendant was sentenced to imprisonment for six months, and all of the sentencing conditions specified in the pleadings of this case, including the age, sex, environment, circumstances of the crime, and the circumstances after the crime:

The favorable circumstances: the crime is due to a difficult situation.

There was no actual property damage due to the attempted crime.

The crime has been led to confession, and the mistake has been divided.

Unfavorable circumstances: It seems that the crime is planned, such as wearing locks, in order not to have fingerprints left at the scene of crime.

Although the victim was found to have committed the crime, it is highly likely that the act of intrusion upon the residence at night is highly dangerous.

In 2014, there are four occasions of criminal punishment for larceny crimes including the suspended sentence of imprisonment for a crime under the same law.

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