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(영문) 울산지방법원 2018.01.25 2017고단4263
건조물침입등
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 27, 2017, the Defendant was sentenced to four months of imprisonment with prison labor for larceny, etc. in the same court, and the judgment became final and conclusive on December 5, 2017.

【2017 Highest 4263】 On November 17, 2017, the Defendant discovered that there was a locker on the table of the victim’s wall located in Ulsan-gu, Ulsan-gu, Seoul-gu, via the above E’s glass window, and did not correct it for the purpose of theft. After intrusion into the said restaurant, the Defendant carried one of the above wall containing one million won in cash and an identification card owned by the victim.

Accordingly, the defendant invadedd on a structure managed by the victim, and stolen the property owned by the victim.

[2017 Highest 4355] On October 21, 2017, the Defendant entered and intruded through a locked entrance to steal money and valuables at the “H” store operated by the victim G in Ulsan-gu, Ulsan-gu, Seoul-gu, with a view to stealing money and valuables, and subsequently, the Defendant kept a door containing KRW 450,000,000, cash 10,000 won, which is owned by the victim under the account book, KRW 9,000,000, KRW 420,000,000, KRW 2,000,000,000, Won-gu, Seoul-gu, and KRW 10,000,000, KRW 2,000,000, KRW 10,000, 10,000, KRW 10

Accordingly, the defendant invadedd on a structure managed by the victim, and stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and G;

1. A protocol of seizure and a list of seizure;

1. The scene of crimes and CCTV photographs;

1. Previous convictions in judgment: Inquiry about criminal history, reporting of investigation (verification of the same kind of force), and application of the statutes of the judgment;

1. Relevant Article 329 of the Criminal Act (a point of Section 329), Article 319 (1) of the Criminal Act (a point of intrusion on a structure) and choice of imprisonment with prison labor for the crime;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The criminal defendant who intrudes into his/her store and steals the bank or the wall wall owned by him/her for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which resulted in the theft of concurrent crimes.

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