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(영문) 춘천지방법원 강릉지원 2017.02.22 2016고단1289
야간주거침입절도미수
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On September 12, 2016, the Defendant, at around 22:50, was aware of the victim’s home, who was living inside the wall outside the victim’s house wall, and did not commit an attempted crime, even though the Defendant was aware of the victim’s home, at around 22:50 on September 12, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Written statements of D;

1. 112 A list of reported cases;

1. The images of each crime prevention CCTV;

1. Application of Acts and subordinate statutes to report on investigation (explosion of site photographs and attachment of site photographs);

1. The punishment of the instant crime committed under Articles 342 and 330 of the Criminal Act with respect to the criminal facts is inevitable, because it does not constitute a multiple-choice crime, other than imprisonment, among the suspended sentence for the reason of sentencing.

However, in consideration of all the circumstances that form elements of sentencing, such as the reflection and attempted crimes, the family environment of the defendant, the contents and frequency of the criminal records of the defendant, and the fact that the existing suspended execution will be invalidated due to the confirmation of this judgment, the punishment against the defendant shall be determined as the order.

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