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(영문) 울산지방법원 2014.06.27 2013고단3183
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On June 2, 2013, at around 01:00, the Defendant: (a) removed the window from the outside of the office of the Co., Ltd. located in Ulsan-gun B, Ulsan-gun; (b) invaded into the inside and the inside; and (c) stolen the property equivalent to KRW 800,000,000 in total at the market price, with one main body of the computer owned by the victim D and one monitoring unit equivalent to KRW 200,000,000 in the market price.

2. On June 23, 2013, around 23:00, the Defendant: (a) opened a locked warehouse in front of a dormitory of the F Company E and intruded into the said warehouse; (b) led one of the victim G-owned market prices of KRW 500,000,000 to the victim’s company’s market price.

Summary of Evidence

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

1. Statement of each police statement related to D and G;

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

1. Relevant Articles 330 of the Criminal Act concerning facts constituting an offense;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Sentencing Criteria - Class 1 (Scope of Recommendation) - No basic area (one to two years and six months) of the basic area (one to half years) of the theft against general property - No person who has a special punishment / [Scope of Recommendation Punishment] / The basic area (one to two years and six months) of the basic area (one to half years) of the theft against general property / The basic area (one to half years and six months) of the theft against general property / The scope of final sentence due to the aggravation of multiple crimes that have no special punishment: one year to three years;

2. The Defendant, at night, stolen goods by intrusion upon another person’s office or warehouse at night, taking into account the shape of each of the crimes in this case, the degree of damage, and the fact that each of the crimes in this case was committed on two occasions, the nature of the crime is heavy.

In this context, the sentencing conditions, such as the character and conduct of the defendant, circumstances after the crime, and the sentencing guidelines mentioned above shall be comprehensively considered and sentenced as ordered.

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