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(영문) 울산지방법원 2019.05.09 2016고단3801
야간건조물침입절도미수등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 24, 2016, the Defendant committed the crime, around 03:26, around June 24, 2016, entered the “D” restaurant operated by the victim C, located in Ulsan-gun B, Ulsan-gun, and entered the front of the accounting unit through the open door.

Accordingly, the defendant invadeds on the building managed by the victim.

2. On June 26, 2016, the Defendant committed the crime, around 03:35, on June 26, 2016, entered the restaurant operated by the said victim, and entered the front of the calculation unit through the open door.

Accordingly, the defendant invadeds on the building managed by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement regarding C;

1. The application of Acts and subordinate statutes to each internal investigation report and investigation report (including each accompanying document) (as evidence, it is evident that the instant restaurant is subject to dispute over the division of property between the victim and the defendant, but at each time of the instant case, the victim managed and operated the restaurant alone, and the fact that the defendant entered the restaurant building at night against the victim's will is recognized, each of the facts charged was fully proven.).

1. Article 319 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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