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(영문) 울산지방법원 2017.04.19 2017고단459
야간주거침입절도등
Text

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

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

Reasons

Punishment of the crime

1. On January 11, 2017, at around 13:37, the Defendant: (a) opened an automatic door from the victim C(64) in Ulsan-gu, Ulsan-gu, Seoul-do, to steal goods from the “D” building; (b) opened the first floor; (c) opened in the future the market price of the victim’s possession; and (d) stolen the victim’s residence at around 14:38 of the same day and around 15:38 of the same day, around 15:38, and around 15:38 of the same day, the Defendant invadedd the victim’s dwelling in the same manner, such as one set of the crime sight table 1; and (d) stolen the Hun clothes, etc. owned by the victim.

2. At night, the Defendant: around 22:51 on January 11, 2017, and around 22:51 on the following day: (a) around 23:36 on the same day, the Defendant: (b) she: (c) she: (a) she was in front of the victim’s market price in front of the hallway stairs, with a sloping 1 metre, she was influence, with a 1 rush, she was in front of the victim’s seat

1. 12. Around 01:23 around 01:00, a total of three times, such as a crime inundation 2, intruded the victim’s residence at night in the same manner, and stolen the clothes, etc. owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The application of CCTV photographs, investigation reports (on-site parking, etc.), investigation reports (verification of CCTV at residence of a suspect, etc.), and photographs;

1. Relevant legal provisions concerning the facts constituting an offense, Article 329 of the Criminal Act of the choice of punishment (a point in Section 329), Article 319 (1) of the Criminal Act (a point of intrusion upon residence), Article 330 of the Criminal Act (a point of larceny upon residence at night), and choice of imprisonment with prison labor;

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

1. Article 62(1) of the Criminal Act on the suspended execution (see, e.g., favorable circumstances for the following reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. One crime in the sentencing guidelines: Larceny and intrusion upon residence (limited to concurrent crimes committed by larceny and intrusion upon residence, but is classified into types of intrusion larceny and not treated as a majority crime) / [the scope of recommended punishment] mitigation area (from August to January 6) for general property. (Special mitigated persons)

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