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(영문) 울산지방법원 2016.03.07 2016고단139
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence shall be confiscated as provided for in subparagraphs 1 and 2.

Reasons

Punishment of the crime

1. From September 23, 2015 to 06:30 on September 23, 2015, the Defendant intruded into the “E” drinking house operated by the victim D in Ulsan-gu, Ulsan-gu, Seoul-do, and opened a window without correction and made it possible for the Defendant to have a cash of 200,000 won owned by the said victim, which was located in the credit cooperative of the upper end of the area where the Defendant was located.

Accordingly, the defendant stolen the victim D's property and intruded on the above victim's structure.

2. On December 15, 2015, the Defendant: (a) 06:20 on December 15, 2015, the victim G in Ulsan-gu, Ulsan-gu, was in a drinking house of “H” operated by the victim G; (b) opened a pre-owned transportation card with the corrective entrance; (c) opened a string door and intrude into it; and (d) carried 200,000 won in cash owned by the said victim; and (c) came to have been in a saving bank of the large-scale balance of accounts.

Accordingly, the Defendant invadedd the victim G's structure at night, and stolen the above victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of the G production;

1. Seizure records;

1. Application of each statute on photographs;

1. Articles 330, 329, and 319 (1) of the Criminal Act applicable to the crime (to be punished by imprisonment with prison labor for the crime of larceny or intrusion on a structure in the judgment);

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 48(1) of the Confiscation Criminal Act / Sentencing / Sentencing / The sentence shall be selected by taking into account the following as a whole: (a) as a multiple crime, each intrusion theft mitigation area (in case of intrusion upon a place other than an indoor residential space, from August to February) that has been subject to punishment several times of punishment including the same kind of force for the criminal during the period during which the punishment is completed; (b) the punishment shall be set as ordered within the scope of sentencing by taking into account the various circumstances revealed in the records and arguments, such as the Defendant’s health status, the background of the crime,

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