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(영문) 울산지방법원 2017.05.12 2017고단786

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

【The record of latter concurrent crimes】 On February 3, 2017, the Defendant was sentenced by the Daegu High Court on the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Forced Intrusion on Residence), larceny, attempted larceny, intrusion on structure, public performance and obscenity, and sentenced to a suspended sentence of four years and six months, and the said judgment became final and conclusive on the 11th of the same month.

【Crimes】

1. From February 24, 2010 to around 24:00 to around 24:00, the Defendant: (a) opened a kitchen in Ulsan-gu B; and (b) broken down the swine wirls inside the said childcare center after having intruded into the said childcare center; and (c) carried out approximately KRW 100,000 in cash owned by the private victim D (n, 32 years of age) of the said childcare center; and (d) carried out approximately KRW 100,000 in cash owned by the private victim D (n, 32 years of age).

They go back.

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

2. On June 7, 2015, the Defendant: (a) went into a house of the victim F (n, 40 years old) located in Ulsan-gu E on June 10, 2015; (b) opened a kitchen, which was corrected by an influence; and (c) intruded into the house; (d) opened a kitchen, which was corrected by an influence; and (e) went into the house, and (e) carried out the CCTV market price of the victim’s CCTV installed above, with the amount equivalent to KRW

Accordingly, the defendant invadedd the victim's residence and stolen the property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A report on the initial measures against the theft case, a report on the temporary burial in the field, a report on the occurrence of the theft, a report on the results of field identification, and a response to a request for appraisal;

1. Each investigation report (in response to a request for appraisal), (in response to a request for appraisal), and (in response to a request for appraisal as a result of identification);

1. Previous convictions: Application of inquiry, inquiry, application of Acts and subordinate statutes on investigation reports (the report of confirmation, such as the judgment of suspended execution);

1. Relevant legal provisions concerning facts constituting an offense and larceny of a structure selected at night: Violation of residence under Article 330 of the Criminal Act: Article 319 (1) of the Criminal Act; Article 329 of the Criminal Act; Article 329 of the Criminal Act; Articles 329 of the Criminal Act; and Articles 330 of the Criminal Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 (the largest punishment) of the Criminal Act for the aggravation of concurrent crimes.