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(영문) 울산지방법원 2018.10.10 2018고단652

야간건조물침입절도등

Text

A defendant shall be punished by imprisonment for four 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

Punishment of the crime

1. On December 19, 2016, the Defendant: (a) was in front of the office of “the” office of the victim C’s operation in Ulsan-gu, Ulsan-gu; (b) had a correction device installed in the entrance and the entrance of the above office; and (c) had a 3 million won amount in cash owned by the victim at the said office; and (d) had a margu with a margu in the market value of KRW 1650,000,000,000,000 won in cash owned by the victim at the said office.

Accordingly, the defendant invadedd a structure at night and stolen the property owned by the victim.

2. On August 20, 2017, the Defendant violated a structure: (a) opened a correction device installed in the entrance and exit of the said office in front of the office mentioned in the preceding port; (b) opened the key described in the preceding port at the entrance; and (c) went into the said office and intrudes upon the gist of the evidence.

1. The defendant's legal statement (as at the third date);

1. A protocol concerning the examination of the accused by the prosecution (including part concerning the C confrontation);

1. Statement made by the police against C;

1. Written statements of D;

1. Application of photographs (a CCTV image photograph in the form of a crime committed by the defendant), photographs (an account book purchased from the defendant from the gold bank), photographs (a gold-free photograph) (a gold-free photograph) to the Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act (a thief by intrusion upon a structure at night) concerning facts constituting an offense, and Article 319 (1) of the Criminal Act (a point of intrusion upon a structure at night and a choice of imprisonment with prison labor);

1. The former part of Article 37 and Article 38 (1) 2 of the Criminal Act (only to the extent that the punishment is more severe than the punishment is added to concurrent crimes with the punishment prescribed in night structure intrusion larceny, and the maximum term of the above two crimes);

1. Article 62 (1) of the Criminal Act on the stay of execution (The consideration of the favorable circumstances specified in the grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Sentencing criteria;

A. Nighttime building theft [the range of punishment recommended] general property theft area (the theft) is a special mitigation area (4th month to June).