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(영문) 울산지방법원 2014.11.07 2014고단1776
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, using the fact that he had been engaged in the Doll in Ulsan-gu, Ulsan-gu, as a security personnel, had been able to steal things at night.

On March 13, 2014, at around 01:00, the Defendant first opened and intruded into the parking talet, which connects the five floors to the parking talet and the five floors, and then used emergency stairs to “F” stores operated by the victim E (Nam, 27 years old) on the 2nd floor, the Defendant used 10,000 won in total at the market price displayed in the above 1st, 200,000 won.

As above, the Defendant, as indicated in the list of crimes committed in the attached hereto, committed an attempted crime without theft or theft of another’s property over a total of ten times from around that time to April 2, 2014, including the theft of another’s property by intrusion upon a structure at night.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement of E, H, I, J, K, L and M;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense (the points of larceny of a structure at night), Articles 330 (the points of larceny of a structure at night), 342, and 330 (the points of attempted larceny of a structure at night);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Confiscation: (a) both types of punishment under Article 48(1)1 of the Criminal Act [the scope of recommending punishment] general property; (b) types of special mitigation (4 to 1.6 months) (special mitigation) (4 to 1.6 months)); (c) in case of intrusion into places other than indoor residential space, no penalty shall be imposed (decision of sentence]; (d) in addition to a fine once, the Defendant’s family members are victims.

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