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Reasons
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(영문) 울산지방법원 2019.06.25 2019고단42
야간건조물침입절도
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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

The defendant had the mind to recover his interior parts on the grounds that the victim B, who was the deceased, did not pay the construction cost.

On July 30, 2018, the Defendant intruded into a multi-household house managed by the victim in Ulsan-gu, Ulsan-gu, with the entrance of the first floor that was not corrected for the first time. On July 30, 2018, the Defendant: (a) 200, the second floor and the third floor, one middle door of the market value equivalent to 880,000 won in the market value that is the victim’s ownership of the second floor and the third floor; (b) 5, and 300,000 won in the market value; and (c) 1,645,000 won in the market value, such as 1,60,000 won in the new door of the market value, and 20,000,000 won in the market value; and (d) 1,64,005,00 won in the toilet receipt book of the amount equivalent to 18,000 won in the market value.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Each report on investigation;

1. A copy of a written estimate;

1. Application of statutes on field photographs;

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

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order was committed on the ground that the defendant did not pay the construction cost after being awarded a contract for a multi-household interior construction of the victim's multi-household housing related to this service relationship, and infringed on the above building managed by the victim at night without the victim's consent, and then removed the victim's escape and mid-to-door, visiting fingers and knife knife knife knife knife knife knife knife knife knife knife knife and knife knife knife knife kn

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