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(영문) 울산지방법원 2013.12.27 2013고단3364
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 13, 2012, the Defendant was sentenced to two years and six months of imprisonment or four years of suspended execution by the Ulsan District Court on the grounds of a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special robbery, rape, etc.) and the said judgment becomes final and conclusive on May 24, 2012 and is still under suspended execution.

1. At night, at around 21:00 on September 24, 2013, the Defendant: (a) cut off a studio in Ulsan-gu B victim C (Nam, 29 years of age) with a studio in Ulsan-gu, Ulsan-gu; (b) on the ground that the studio on the rooftop want to be reported to the female residing in the studio of the Dudio, a studio-type entrance entrance, which was known in the process of delivering the studio to the studio; and (c) intruded into the said studio, with one key attached to the 4th floor, which is located in the stairs located in the said studio.

2. On September 28, 2013, at around 23:25, the Defendant entering a structure, the studio as indicated in the foregoing paragraph (1) was in possession of the key to the rooftop that was stolen, as described in paragraph (1), and opened the password, which was known to the ordinary studio, and intrudes into the structure managed by the victim on the fourth floor by using stairs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Police seizure records;

1. Previous convictions in the judgment: Criminal records and investigation reports [Attachment of the judgment] [The defendant's intrusion into the section for common use of the studio building which is not an individual room of the studio room and it is doubtful whether it constitutes a residence, but it cannot be deemed a place open to the general public, and it constitutes a structure managed because it constitutes a place under the control of the person who has access to the building, such as keeping a password for access to the building itself, etc.]; the application of statutes;

1. Article 330 and Article 319 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a punishment;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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