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(영문) 울산지방법원 2014.08.21 2014고단1911
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Around 22:00 on April 26, 2014, the Defendant: (a) discovered that the office windows of the victim were removed from the office located at the entrance of the 5th floor of the 5th floor of the B building in Busan Dong-gu, Busan, and returned to the Defendant’s room located at the 508th floor; (b) discovered that the office windows of the victim were removed; and (c) attempted to steal the victim’s goods into the office, but did not discover stolen goods inside the office.

Accordingly, the defendant tried to steal the victim's property by intrusion into the room possessed by the victim at night.

2. At night, the Defendant: (a) stolened C’s articles at night as above; (b) did not bring about such intent; and (c) discovered that the entrance of 507 dwellings of the victim E is opened in the Defendant’s room, and the victim took advantage of the gaps in the above 507 room; and (d) took 80,000,000 won in the market price of the victim’s possession in the room of the said 507 room.

Accordingly, the defendant invadedd the victim's residence at night and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes of C and E;

1. Relevant Articles 324 and 330 of the Criminal Act concerning facts constituting an offense (the attempted larceny at night) and Article 330 of the Criminal Act;

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 (see, e.g., Statement of Reasons for sentencing)

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] The mitigated area (8 to 1.6 months) of the mitigated area (8 to 1.6 months) of the Act on the thief for general property] [Special Mitigation] [Pronouncement Decision] Defendant committed two night larceny crimes even though he had a lot of records of punishment for larceny crimes, and the risk of such crimes and the accused.

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