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(영문) 울산지방법원 2020.12.18 2020고단4930

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for a period of two months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant committed the crime of October 15, 2020: around 03:50 on October 15, 2020, 202: (a) went into the air room in front of the building B in Yangsan-si; and (b) went into the air room in front of the building B in Yangsan-si; and (c) cut off with 2 gasoline 200L equivalent to 30,000 won at the market price of the victim C, which was kept in the office.

2. The Defendant committed the crime of October 17, 2020, at around 21:25, at the same place as the above paragraph (1) at around October 17, 2020, with one oil tank containing 30,000 won of the market price owned by the victim C, in the same manner as above paragraph (1).

Accordingly, the defendant invadedd a structure at night and stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of C;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is the confession of the crime of this case and the mistake is divided, there is no record of punishment exceeding the same kind of crime or fine, and the defendant's age, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as ordered in consideration of various factors of sentencing.