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(영문) 울산지방법원 2017.04.27 2017고단425

야간방실침입절도

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be returned to the victim's name unrefilled person.

Reasons

Punishment of the crime

On June 28, 2013, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. by the Ulsan District Court on May 4, 2014, and completed the execution of the sentence.

1. On January 11, 2017, at around 03:24, the Defendant entered a non-explosive cartel in the vicinity of Ulsan-gu C, Ulsan-gu, and had one unbrupted intermediary in the market price owned by the victim’s name and unbrupted box.

Accordingly, the defendant stolen the property owned by the victim by intrusion into the room managed by the victim at night.

2. On January 11, 2017, the Defendant: (a) from the F inn located in Ulsan-gu, Ulsan-gu, Ulsan-gu E, the victim G was 205 house located in a 205 house in which the victim G was sucked; (b) opened a door that the victim was not locked and opened into the door, and carried 328,000 won in cash, which is the victim’s possession of the victim who was locked on the bed.

Accordingly, the defendant stolen the property owned by the victim by intrusion into the room managed by the victim at night.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the G production;

1. Seizure records;

1. A photograph of each CCTV course;

1. Previous convictions in judgment: Inquiry about criminal history and application of investigation reports (netly 13) Acts and subordinate statutes;

1. Article 330 of the Criminal Act concerning the crime;

1. 경합범 가중 형법 제 37 조 전단, 제 38조 제 1 항 제 2호, 제 50조 [ 양형이 유] 양형기준 : 징역 1년 하한 ☞ F 여관 관련 침입 절도 기본영역( 동 종 누범, 생계 형 범죄) 의 하한 인 징역 1년을 전체 하한으로 하고, 다수범죄처리기준 적용 누범기간 중 범행인 점이나 범행의 반복성, 재범의 위험성을 종합하되, 기록과 변론에 나타난 피해자 G 와의 합의, 패딩 점퍼의 압수, 범행 경위, 반성태도 등 여러 정상을 아울러 참작하여 양형기준 범위 내에서 주문과 같이 형을 정함