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(영문) 울산지방법원 2015.04.02 2015고단319

절도등

Text

In the case of each of the crimes in Article 1 of the judgment of the defendant, a fine of KRW 1,00,000 shall be imposed for the crimes in Article 2 of the judgment.

Reasons

Punishment of the crime

On August 27, 2014, the Defendant was sentenced to imprisonment with prison labor for the crime of larceny and intrusion of building in Busan District Court for ten months and two years of suspended execution, and the judgment became final and conclusive on September 4, 2014.

1. At around 11:00 on January 19, 2014, the Defendant: (a) opened an open door to the “E” office operated by the victim D located in Ulsanbuk-gu, Ulsan-gu; and (b) intruded into the door, and stolen KRW 5.60,000 in cash from the outside management money owned by the victim, which was affected by his/her clothes.

2. At around 13:00 on January 4, 2015, the Defendant: (a) left the entrance door knife in order to steal property in front of the “G office” operated by the Victim F near the same place as that under paragraph (1); (b) but (c) did not bring about an attempted attempt without having the entrance door corrected.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Police suspect interrogation protocol of the accused;

1. The police statement of H;

1. Written statements of D and F;

1. Each photograph (includingCCTVs and video scambling images);

1. Previous convictions in judgment: Application of inquiry reports and investigation reports (Attachment to the judgment of the same kind of case) Acts and subordinate statutes;

1. Larceny and entering into a thief under Article 329 or 319 (1) of the Criminal Act, and Article 2 of the decision of the choice of imprisonment with labor: Articles 322 and 319 (1) of the Criminal Act, and Article 322 and Article 319 (1); Selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act (the crimes of each subparagraph of Article 1 at the time of marketing and the crimes of larceny and intrusion of structure for which judgment has become final and conclusive);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (mutual crimes of Article 1 at the time of display, and the aggravation of concurrent crimes with punishment determined for larceny of heavier punishment);

1. Articles 70(1) and 69(2) of the Criminal Act for the inducement of a workhouse (the crime of Article 2 at the time of sale)

1. Article 57 of the Criminal Act for inclusion of days of pre-trial detention in the number of days of pre-trial detention

1. Article 62 of the Criminal Act: