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(영문) 울산지방법원 2019.03.28 2018고단3751

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

"2018 Highest 3751"

1. On September 7, 2018, around 22:44, the Defendant: (a) opened a female toilet window operated by the victim C of the victim C in Ulsan-gu, Ulsan-si; (b) intruded into the D restaurant; and (c) stolen cash 200,000 won owned by the victim under the C of the Kabter money receipt and disbursement in the restaurant.

2. On September 7, 2018, the Defendant invadedd the places specified in paragraph (1) in the same manner, and attempted to steal property at the same place, and caused a change in the depth and landscape while intending to steal property from the money receipt and disbursement machine, and subsequently, did not steal the cash, but did not commit an attempted crime.

3. On September 8, 2018, the Defendant invadedd the place specified in paragraph (1) by the same method, and 100,000 won in cash owned by the same victim, which was kept in the cash container at the same place.

around 19:18 on January 27, 2019, the Defendant: (a) committed theft with the victim G in the “FPC room” located in Ulsan-gu, Ulsan-gu; (b) one 30,000 won of the market price of the victim’s possession, which was located in the victim’s seat; and (c) one cream card, one cream card, one cream card, and one cream card of one bank, which was located in the victim’s seat.

Summary of Evidence

1. Defendant's legal statement;

1. C and G statements;

1. Application of the Acts and subordinate statutes to photographs capturing on the spot photographs, damaged objects photographs, and CCTV image data;

1. Articles 330, 342, and 329 of the Criminal Act applicable to the facts constituting an offense;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Articles 26 and 55 (1) 3 of the Criminal Act for attempted suspension and mitigation;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order Article 62-2 of the Criminal Act had the record of punishment for the same kind of crime committed by the defendant for the reason of sentencing, but it again leads to the crime of this case. On the other hand, it has not been divided in depth after the crime and re-offending.