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(영문) 울산지방법원 2020.11.6.선고 2020고단2113 판결
야간건조물침입절도,절도
Cases

200 Highest 2113 Night Building Larceny, thief

Defendant

Park Jong-Defendant (Gain) South 93.Woo,

Residential Ulsan-gu

Prosecutor

He/she shall file prosecutions, stay in court, and hold public trials.

Defense Counsel

Attorneys Yang* (Korean National Assembly)

Imposition of Judgment

November 6, 2020

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Criminal History Office

1. Larceny;

On February 1, 2020, the Defendant came to a restaurant ‘Masan-gu' in Ulsan-gu, Ulsan-gu, Masan-gu, and had approximately 40 public soldiers with a total of 4,000 won in the market price of the injured party who was accumulated in the passage, and had 11,000 won in total of the market price owned by the injured party by the same method from February 6 of the same year from that time until February of the same year.

Accordingly, the defendant stolen another's property.

2. On February 7, 2020, at night, the Defendant: (a) opened a restaurant and opened up to the inside; (b) opened the restaurant; (c) opened 38 vacant bottles equivalent to the total market price of 18,300 won, which is the victim’s possession; (d) up to 4 if the Defendant used four books, four books, and three books, and (d) up to February 8 of the same year from that time, up to February 8, 202, the Defendant carried 22,80 won of the market price, which is the victim’s possession, on two occasions in total, as indicated in [Attachment Table Nos. 5 and 6].

Accordingly, the defendant invadedd a building managed by a person at night, and stolen another's property.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 329 of the Criminal Code(the thief, inclusive), Article 330 of the Criminal Code(the thief, inclusive)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. The type to be suspended;

Four months of imprisonment;

1. Suspension of sentence;

Article 59(1) of the Criminal Act (Article 59(1) of the Criminal Act (Article 59(1) reflects the Defendant’s mistake while recognizing the Defendant’s criminal act; Article 59(1) of the Criminal Act is an initial offender who has no record of criminal punishment before it; the amount of damage is considerably minor; the Defendant appears to be a living-oriented crime; and

Judges

Judges Park Jong-woo

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