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(영문) 울산지방법원 2018.12.13 2018고단3153

절도등

Text

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

Reasons

Punishment of the crime

[Criminal record] On October 24, 2017, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Ulsan District Court on June 22, 2018 and completed the execution of the sentence in Busan Correctional Institution.

[Criminal facts]

1. On October 31, 2018, the Defendant damaged a gate owned by the victim by the Defendant by exposing the steel gate, which was corrected one time by generating the steel gate, at around 11:00 residence of the victim C located in Ulsan-si, Ulsan-si, and thus making it clear of the steel gate that constitutes the said gate, thereby damaging the gate so that its repair costs may be borne by the victim.

2. After destroying a gate that was corrected as above at the time, time, and place specified in paragraph 1, the Defendant entered the victim’s dwelling mast, and immediately entered the victim’s dwelling mast, one of the DNA sports hub for women as soon as the market price on which the victim’s possession on the lab was located in the lab, was placed in the Defendant’s rab.

Accordingly, the defendant invadedd the residence of the victim, and stolen the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. C’s statement;

1. Police seizure records;

1. Each report on investigation;

1. Each photograph;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (like past records, repeated crimes), copies of judgments, and current status of personal confinement;

1. Relevant Article 366 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In the case of intrusion upon places other than indoor residential space (type 4) in the mitigation area (type 4) of the mitigation area (type 8 months-1 year-6 months-6 months-1 year-6 months-2), where there is no person who is subject to special sentencing [the scope of recommending punishment] in the basic area (type 1 month-10 months-10 months-2] of the grounds for sentencing of Article 37, Article 38(1)2 and Article 50 of the Aggravation of Concurrent Crimes Act (the scope of recommending punishment] of Article 38(1)2 of the Aggravation of Concurrent Crimes.