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(영문) 울산지방법원 2018.05.17 2018고단512
야간건조물침입절도
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2. Provided, That the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On February 6, 2018, the Defendant: (a) opened a window at the “D’s main points” in the operation of the Victim C located in Ulsan-gu, Ulsan-gu, Seoul-gu, Seoul-do, with the entrance door set up and intruded on the main points, and then cut 40,000 won in cash, which the victim kept in the calculation unit of the place.

Hably, I am.

2. On February 6, 2018, at around 01:40, the Defendant: (a) opened a window by reporting that the window on the side of the restaurant is closed at the “G” restaurant operated by the victim F in Ulsan-gu, Ulsan-gu; (b) opened the window without locking it; and (c) opened cash KRW 109,000, which was in custody in the safe of the accounting unit, by intrusion into the restaurant and raid it.

3. On February 6, 2018, the Defendant: (a) opened a window closed at the “J” restaurant operated by the victim I located in Ulsan-gu, Ulsan-gu, Ulsan-gu, and intrudes into the restaurant and takes 90,000 won in cash located in the west of the calculation unit of the place.

In addition, the market price of KRW 1,000,000 as the surveillance camera was removed from one main body.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, C, and I;

1. A protocol of seizure and a list of seizure;

1. Application of statutes on field photographs;

1. Article 330 of the Criminal Act in relation to the relevant facts of crime;

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

3. Reasons for sentencing under Article 62 (1) of the Criminal Act (including circumstances favorable to the reasons for sentencing as set forth below).

1. The conditions favorable to the defendant shall be as follows:

In depth, one's own crimes are divided.

The victims are not punished by the defendant after receiving a letter from the victims.

2. The circumstances disadvantageous to the defendant shall be as follows:

The crime of several laws has been committed repeatedly.

3. In full view of all the circumstances surrounding the Defendant’s motive, means, and consequence of the instant crime, including the Defendant’s age, sexual conduct, environment, health status, previous conviction, and circumstances after the instant crime.

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