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(영문) 울산지방법원 2017.07.05 2016고단3286

절도등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 29, 2016, the Defendant: (a) laid down the head with the window of the driver’s seat opened on the road in front of the “C” located in Ulsan-gun, Ulsan-gun, Ulsan-gun on August 29, 2016; and (b) laid down the head with the window of the driver’s seat opened on the road in front of the “C” located in Ulsan-gun, Ulsan-gun, U.S.; and (c) cut off the 200,000 won market price in which the key of the FEXE car owned by the victim is located.

"2016 Highest 3511"

1. At night, the Defendant: (a) exceeded 12:00 on July 2, 2016, the victim H located in Ulsan-gun G in Ulsan-gun, Ulsan-gun; (b) exceeded 12,00 won on the part of the building and fence; (c) exceeded 22:00 on the part of August 22, 2016, the Defendant had 3 Byung-ju in the market price owned by the victim; (d) around 22:00 on the same method at the same restaurant; (e) around early September 22:00 on the part of 22:00 on the part of 200, the Defendant had 3 Byung-ju in the same manner at the victim’s market price owned by the said restaurant; and (e) around October 20, 2016 at around 22:00 on the same method, at the victim’s market price owned by the said restaurant; and (e) around October 20, 2016 at the victim’s market price.

Accordingly, the defendant invadedd the victim's residence at night over four times in total, and stolen the victim's own market price of 48,000 won.

2. On October 13, 2016, the Defendant attempted to larceny at night, and did not commit an attempted crime by intrusion upon the said place at around 22:15, and by taking the said place into account the victim’s possession, the Defendant was aware of the ownership of the said victim, and did not commit an attempted crime.

Accordingly, the defendant did not commit an attempted theft of property owned by the victim by intrusion upon the victim's residence at night.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police with H;

1. Written statements of D;

1. Application of CCTV photographs and special Acts and subordinate statutes to suspect photographs;

1. Relevant legal provisions concerning facts constituting an offense and larceny of the option of punishment: Article 329 of the Criminal Act; Article 330 of the Criminal Act provides for the larceny of intrusion upon residence at night, in each of the choice of imprisonment: