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(영문) 울산지방법원 2016.08.09 2016고단1686
야간주거침입절도
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 4, 2016, the Defendant: (a) opened a panty 1, broma 11, 2, 5, 5, 5, 1, 1, 5, 1, and 5, which are owned by the victim, and were influence of the market price, after opening a gate, which is not corrected in the house where the victim C was living in Ulsan-gu B, Ulsan-gu, and 2, the second floor of the said house.

In addition, from Jun. 2015 to May 4, 2016, the Defendant intruded the victims' residence at night over 25 times in total, and stolen clothes, etc. in the market price owned by the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each statement;

1. A protocol of seizure and a list of seizure;

1. A report on occurrence of a crime, report on internal investigation, and report on investigation;

1. Application of each statute on photographs;

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

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;

1. Article 333 (1) of the Criminal Procedure for Return of Victims Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommending punishment / [the scope of recommending punishment] There is no basic area (one to two years and six months) (one year and two years) (the person subject to special sentencing] (the decision of sentencing] (the decision of sentencing shall be made in consideration of the following circumstances, the defendant's age, sexual behavior, environment, etc., and all of the sentencing conditions, including the following circumstances, and the sentence shall be determined as ordered.

The favorable circumstances - The defendant is a first offender who has no criminal record.

Unfavorable circumstances - The crime of this case where the defendant intrudes the victims' residence at night over several times and steals clothes is not good.

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