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(영문) 울산지방법원 2018.05.10 2018고단864
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 17, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for night dwelling chips and for larceny at the Ulsan District Court, and on May 4, 2016, at the Ulsan Detention House, five times more of the same kind of force than the completion of the execution of the sentence.

On June 16, 2018, the Defendant intruded into the above main points through the rear door of "OO Nop" store operated by the victim D beyond the outer wall of the above building on the commercial building located in Ulsan-gu, Ulsan-gu, Seoul-gu, around 04:43, and 2 Macju 14,000 won in total in the market price owned by the victim from the air conditioning station, and continued to leave 1,000 won in cash call of the said place, and 6 Macju 1,2,50 won in total, including 11,500 won in total, and 100 won in 1,50 won in 100 and 100 won in 1,000 won in Kacter and 200 won in total, including 14,000 won in Kacter.

Accordingly, the Defendant invaded another person's structure at night, and stolen property worth 39,000 won in total at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. An investigation report (Attachment of CDs to video-recording images around the site of the case);

1. Police seizure records and photographs of seized articles;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a repeated crime and appendix of judgments of the same kind of force);

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

1. The reason for sentencing of the proviso of Article 35 and the proviso of Article 42 of the Criminal Act for aggravated repeated crimes is relatively minor. However, the sentencing conditions indicated in the record, such as the Defendant’s age, occupation, sex, family relation, living environment, circumstances leading to the crime, etc., should be comprehensively considered to determine the same sentence as the order.

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