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(영문) 서울중앙지방법원 2012.09.05 2012고단3770
야간주거침입절도미수
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On July 6, 2012, around 02:30 on July 6, 2012, the Defendant intruded the victim D's house in Seongbuk-gu Seoul Metropolitan Government to the inner room, and applied a fire to the large room while using a string gate, and colors a stolen object. The Defendant is enjoying it in a small room.

The intention was not achieved by the wind, but was attempted by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to each photograph and map;

1. The sentencing of Articles 342 and 330 of the Criminal Act regarding criminal facts has the same record as the defendant, and the victim is discovered to be stolen by intrusion upon his/her residence at night, and the nature of the crime is bad and continuous denial of the crime, etc. do not seem to be a serious anti-influence, and the sentence is to be imposed in consideration of the overall circumstances indicated in the record, such as the fact that there has been no previous record for ten years and no damage has been inflicted on his/her attempted crime.

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