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(영문) 울산지방법원 2017.10.17 2017고단2688
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Criminal facts

【Criminal Records of Crimes】 On July 19, 2017, the Defendant was sentenced to a suspended sentence of three years for one year and two months at the Cheongju District Court for Special Theft, and the said judgment became final and conclusive on July 27, 2017.

【Crimes】

1. On May 21, 2017, the Defendant attempted to larceny at night buildings: (a) around 02:26 on May 21, 2017; (b) opened a window installed behind it in the “D” restaurant operated by the victim C (58 years old) of the victim C (58 years old) in Ulsan-gu, Ulsan-gu; and (c) invaded into the restaurant, and attempted to steals cash, etc. owned by the victim in his/her custody in the safe of the accounting unit; (d) however, the Defendant did not commit an attempted crime without the credit cooperative.

Thus, the defendant had invaded upon another person's structure at night and attempted to steals property.

2. A victim E (a "56 years of age" in the facts charged of the 26 years of age is obvious in writing) located in Ulsan-gu B around May 21, 2017, around 02:32, the Defendant for theft of intrusion into a night structure;

In this operation, women's toilet windows, which were not corrected beyond the rear parking lot wall of the restaurant, intruded into the above restaurant, and 20,000 won, cash 20,000 won, and 10,000 won, which were located in the calculation unit of the victim's wall.

Accordingly, the defendant invadedd another person's structure at night and stolen property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. C’s statement;

1. CCTV photographs of the victim's "F" crime, reports on the results of field identification, field map, and portable CCTV photographs before and after the suspect's crime;

1. Each investigation report (including attached data);

1. Records of judgment: Results of inquiry, reporting the results of confirmation of the previous records of disposition, and applying Acts and subordinate statutes to investigation reports (report on the confirmation of suspended sentence);

1. An attempted larceny of a building in violation of relevant Acts and subordinate statutes concerning facts constituting an offense: The occupation of larceny of a building in intrusion at night under Articles 342 and 330 of the Criminal Act: Article 330 of the Criminal Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The aggravated Criminal Act for concurrent crimes.

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