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(영문) 울산지방법원 2017.10.11 2016고단1345

특수절도

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 3, 2016, around 00:58, the Defendant cut the entrance door from “D” office operated by the victim C in Yangsan-si B to cut it, and intruded into the office, and 50,000 won, 6,100 won, 4,000 won, and 3,40,000 won, and 50,000 won.

Accordingly, the Defendant destroyed the door at night, and stolen the property by impairing the structure occupied by others.

Summary of Evidence

1. Part of a protocol concerning the suspect interrogation of the defendant;

1. Statement made by the police for E;

1. C’s statement;

1. Application of the Act and subordinate statutes to the investigation report (Evidence List 10);

1. Articles 331 (1) and 330 of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (referring to the part of favorable circumstances among the following grounds for sentencing)

1. Sentencing (Scope of recommended punishment) for the theft of general property: Violation of buildings, etc. which are damaged at night, in the aggravated area (one year and six months to four years) (a person subject to special aggravated punishment) (a person subject to special aggravated punishment);

2. Based on the above sentencing criteria, the sentence shall be determined as ordered in full view of the following factors, including the defendant's age, sex, environment, and motive of crime:

A favorable circumstances: The fact that there is no previous conviction in addition to one time before and after the fine, and the amount of damage is a relatively small amount.

i.Considering these points, determine punishments on a line lower than the sentencing criteria;

D. Unfavorable circumstances: The crime is considerably poor, such as cutting off the entrance of the office he/she works at night and stealing money, and theft of money, etc.; the escape of himself/herself is well known that he/she is punished; and the damage is not recovered.