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(영문) 울산지방법원 2015.06.11 2015고단163
특수절도
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, who works for "D" operated by the victim C in Ulsan-gu, Ulsan-gu, is an employee in his place of work, and the victim knew that he kept money in his place of ice in his place of peace and tried to steals the money of the victim, and left from the above place of work on December 19, 2014 to prevent the victim from being aware of the defendant, and returned to the above place of work.

On December 19, 2014, around 06:20 on December 19, 2014, the Defendant: (a) removed a window for a female toilet, destroyed and intruded into a ice ice system by means of inside, and subsequently stolen the cash owned by the victim, which was in custody in the ice ice shield, with the amount of KRW 656,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. C’s statement;

1. Each investigation report (with respect to the suspectship before and after the commission of the crime, clothes investigation that have been incurred in the course of committing the crime, and spathing and damage);

1. Application of the Acts and subordinate statutes concerning each photograph and CCTV closure;

1. Article 331 (1) of the Criminal Act applicable to the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act of the Probation and Social Service Order [Scope of Recommendation] Special Mitigation Zone (Special Mitigation Zone) (Special Mitigation Zone) (Special Mitigation Zone) (Special Mitigation Zone (Special Mitigation Zone: April-1 and June)) where a person intrudes into a place other than an indoor residential space (Type 4), where a person is not subject to punishment or where a person carries a deadly weapon, or where a juvenile protective disposition is issued (Type 4) where a person was placed at night, and where a person was placed under the juvenile protective disposition, he/she again commits the instant crime without being taken five times or more, and the amount of damage was relatively small, and the amount of damage was agreed with the victim, and the victim complained of the Defendant’s preference, and it is contrary to each other.

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