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(영문) 울산지방법원 2016.06.24 2015고단2496
야간건조물침입절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the execution of a sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 14, 2015, the Defendant: (a) at D parking lots located in Ulsan-gu, Ulsan-gu; (b) around 01:45 on September 14, 2015, the Defendant: (c) opened a safe in which the victim E was placed in his hand and stolen cash of KRW 391,000.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of statutes on field photographs;

1. Article 330 of the Criminal Act concerning the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Decision on the types of sentencing guidelines: th (Influence of special sentencing) for the larceny against general property - Special sentencing factors for the larceny: (iv) intrusion into places other than indoor residential spaces; the scope of punishment non-exclusive sentencing factors for the punishment: Imprisonment with prison labor for a period of four months to one year and six months (special mitigation areas): Whether significant damage is recovered, serious anti-competitive suspended sentence: Whether the reason for suspended sentence is comprehensively compared and assessed, the reason for suspended sentence is positive - The reason for suspended sentence is not punishable - The person not subject to suspended sentence, or there is no criminal conviction more than a serious one for the reason for suspended sentence;

2. Although the criminal records of the same kind of particulars to be considered are different, there is no particular criminal records except for those of a fine of 2008.

3. Six months of imprisonment with prison labor and one year of suspended sentence;

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