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(영문) 울산지방법원 2015.05.27 2015고단892

야간건조물침입절도

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On September 16, 2010, the Defendant was sentenced to one year and six months in the Ulsan District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and was released on May 25, 2012 in the Solive Prison on parole on the execution of the sentence, and the parole period was expired on June 4, 2012.

On March 16, 2015, at around 01:33, the Defendant: (a) opened a “E” restaurant operated by the victim D in Ulsan-gu, Ulsan-gu; (b) opened a kitchen window in which the victim’s surveillance has not been corrected; and (c) opened a kitchen door inside the restaurant in which the victim’s surveillance has not been corrected; and (d) cut off 124,000 won in cash owned by the victim from the depository in which the victim intruded into the kackter.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A copy of each CCTV photograph, the current status of the person corresponding to the results of comparison of the Supreme Prosecutors' Office DNA, site photographs, seized articles, photographs, and work log;

1. Previous convictions in judgment: Inquiry reports, investigation reports ( current status of acceptance and confinement by day), application of Acts and subordinate statutes of the judgment;

1. Article 330 of the Criminal Act applicable to the crime;

1. The reason for sentencing under Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] : < Amended by Act No. 4448, Apr. 1, 2001> Special mitigation Zone (Special Mitigation Zone) (Special Mitigation Zone) / [Special Mitigation Zone] / In a case where a person intrudes into a place other than an indoor residential space (type 4), a crime of living type, an indoor residential space (type 4), a repeated crime of the same kind which does not correspond to punishment / special mitigation (decision of sentence / a decision of sentence ] the amount of damage is not relatively large, and damage is recovered, and all other circumstances, such as the defendant's age, family relationship, the expiration of the parole period, and the interval at the time of the