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(영문) 울산지방법원 2014.04.17 2014고단61

야간건조물침입절도

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 24, 2013, at around 03:26, the Defendant, in front of the D cafeteria operated by the victim C in Ulsan-gu, Ulsan-gu, Seoul-do, destroyed the entrance in front of the said cafeteria by head, and invaded into the said cafeteria, resulting in theft of the cash amounting to KRW 42,00,000, and tobacco amounting to KRW 2,000,000.

Accordingly, the defendant invadedd another person's structure at night and stolen property.

Summary of Evidence

1. Defendant's legal statement;

1. C police statement;

1. Application of Acts and subordinate statutes to reports on occurrence of accidents and reports on results of field identification;

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

1. The reason for the suspended sentence of Article 62(1) of the Criminal Act (the decision on the types of punishment) (the decision on the suspended sentence) is for the larceny in general property, and intrusion theft [the scope of recommending punishment] one to two years [the decision on the sentence] [the decision on the sentence] of this case, the crime of this case is for intrusion larceny at night, and was not for damage reimbursement.

Provided, That the defendant has no special criminal records other than those subject to a fine once, and reflects his depth, and the damage amount shall be determined as per the order in consideration of the fact that the damage amount is insignificant.