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(영문) 울산지방법원 2017.11.16 2017고단3029
야간건조물침입절도등
Text

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

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who lacks the ability to discern things or make decisions due to detailed uncertaintys, etc.

1. On July 16, 2017, the Defendant: (a) cut and stolen a scupleted scupleted scuplet in a vinyl owned by the victim D located in Ulsan-gu, Ulsan-do; and (b) cut and stolen a vinyl owned by the Defendant.

2. On July 18, 2017, at the places indicated in paragraph (1) around 06:50 on July 18, 2017, the Defendant: (a) intruded into the bar door of a plastic house and then was snicked; (b) one smell owned by the victim D; (c) two panty pantys; and (d) two snicks, etc., prepared in advance after being snicked in the newspaper; and (b) attempted to steal the victim by inserting the snick, and then inserting the snick in advance.

3. At night, around 04:00 on July 30, 2017, the Defendant: (a) cut off and intruded with the steel accidents corrected at the door door of the plastic house administered by the victim F located in Ulsan-gu E, Ulsan-gu; and (b) cut off with one, three, three, three, one, one, and one half, one, who was in custody of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and D;

1. Application of Acts and subordinate statutes to photographs at each scene of crime;

1. Article 330 of the Criminal Act (the point of larcenying a structure at night), Article 329 (the point of Do), Article 342, Article 329 (the point of Do), and Article 319 (1) (the point of intrusion upon residence) concerning the crime;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

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 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 44-2 of the Act on the Protection, Observation, Medical Care, Care, etc. of Medical Care and Custody is that the crime has been repeated several times from around December 2016, and the extent of damage is relatively small, most of the damage has been returned, and the damage has been restored, and it appears that the net and exchange from the early illness caused by the instant crime was the cause of the instant crime, and the Defendant’s disease.

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