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(영문) 울산지방법원 2016.02.03 2015고단3325
야간건조물침입절도등
Text

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

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

Reasons

Punishment of the crime

1. Larceny;

A. On November 6, 2015, at the “A” store operated by the victim D in Ulsan-gu, Ulsan-gu, Seoul-gu, Seoul-do, the victim’s market price owned by the victim D was 28,000 won at the front of the store and was stolen.

B. On November 12, 2015, the victim’s market price, which was located in the door board at the place specified in the front port of the border line, was 32,000 won at the time of the new wall time and was stolen.

(c)

On November 18, 2015, the victim's market price, which was located in the bulletin board, was 28,000 won at the time of the new wall time and at the place specified in the border line, was stolen.

(d)

On November 22, 2015, the victim's market price, which was located in the bulletin board, was 28,000 won at the time of the new wall time and at the place specified in the border line, was stolen.

E. On December 4, 2015, at the time of the new wall, the victim’s 32,000 capital reduction worth KRW 1,000, the market price owned by the victim, which was located in the bulletin board at the place specified in the preceding port of the border line, was stolen.

F. On December 9, 2015, around 02:27, at the place indicated in the preceding port, the victim’s capital reduction of the amount equivalent to KRW 32,000, in the market price owned by the victim, was stolen.

G. On December 19, 2015, around 01:52, at the place indicated in the preceding paragraph, the victim’s market price, which was located in the shopping mall, was 11,000 won and stolen.

2. On December 14, 2015, the Defendant: (a) infringed on a structure at night; (b) intruded the entrance below the entrance at the places indicated in the preceding port at around 03:02 on December 14, 2015; and (c) stolen the victim’s property by putting the victim’s string and 28,000 won of the market price in the shape of the kimchi owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photograph videos;

1. Article 330 of the Criminal Act (a thief by intrusion on a structure at night) and Article 329 of the Criminal Act concerning facts constituting an offense;

1. Selection of imprisonment with prison labor for selective larceny of punishment (to take account of repeated crimes of the same kind in a short time);

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