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(영문) 울산지방법원 2016.02.15 2015고단1914

절도

Text

A fine of KRW 1,00,00 and fine of KRW 50,00 for the crimes of KRW 3 in the holding of the Defendant.

Reasons

Punishment of the crime

On May 21, 2015, the Defendant was sentenced to imprisonment with prison labor for 4 months or one year of suspended execution, with prison labor for intrusion theft at night in the Ulsan District Court on May 21, 2015, and the said judgment became final and conclusive on May 29, 2015 and is currently in the grace period.

1. On May 24, 2015, between 02:00 and 04:00, the Defendant: (a) completed a field-based funeral service operated by the victim D in Ulsan-gu C market located in Nam-gu, Ulsan-gu, B; (b) completed a field-based funeral service; and (c) completed a knife with the street string; and (d) went home with the normal economic life of the other party; and (c) taken away a string of the street string; and (d) string the string of the street string; and (d) string the string of the street string; and (d)

In other words, theft was committed by means of theft.

2. On May 27, 2015, the Defendant: (a) taken off a drilling from May 27, 2015 to 04:00 by the same method in the street room at the same time;

In other words, theft was committed by means of theft.

3. From around 02:00 on May 29, 2015 to around 04:00, the Defendant: (a) went to death in the same way in the same manner in the street room; (b) from around 04:00;

In other words, theft was committed by means of theft.

Accordingly, the Defendant stolen property equivalent to the total amount of 10,000 won owned by the victim on three occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. CCTV photographs;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (the immediately preceding and previous convictions of the defendant);

1. Article 329 of the Criminal Act concerning the facts constituting an offense;

1. Selection of selective fine for punishment (Consideration to the minor damage, motive for crime, confession, etc.);

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (only between the crimes of Articles 1 and 2 of the Criminal Act and the intrusion larceny of a structure at night where judgment becomes final and conclusive);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;