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(영문) 울산지방법원 2018.01.30 2017고단3826

야간건조물침입절도

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Criminal facts

On July 26, 2017, around 02:00, the Defendant opened a “D cafeteria” of the victim C’s operation in Yangsan-si B, and infringed on the said cafeteria, and stolen it by holding a small credit cooperative with which the market price of KRW 300,000 in cash owned by the victim was unknown.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Report on the occurrence of a crime (thief), the 112-processing table, photographs taken by CCTV, CCTV-free video data, the fingerprint identity verification, appraisal, report on the results of field identification, and the application of Acts and subordinate statutes to the damaged articles left-hand photographs;

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

1. The reason for the suspended sentence of Article 62(1) of the Criminal Act / [Determination of the type] / In the event that a person subject to special sentencing intrudes into a place other than the indoor residential space of the mitigated element / [Article 62(1) of the Criminal Act / [Article 62(1) of the Act on the Suspension of Execution / [Article 62(4)] - In the case of intrusion into a place other than the indoor residential space of the mitigated element / [decision of the area of recommendation] Special mitigation area / [the scope of recommendation] from April to January 1/6 [the scope of recommendation] - there is no criminal punishment / The main reason for the suspended sentence / [decision of the suspended sentence] who has no positive criminal punishment power (decision of the sentence] along