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(영문) 울산지방법원 2015.10.15 2014고단2665
야간건조물침입절도
Text

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

Reasons

Punishment of the crime

On March 2014, the Defendant worked for approximately one month as an employee at the Dju shop operated by the victim C (Nam, 50 years of age) in Ulsan-gu, Ulsan-gu., and retired the said main shop without returning the key to the said main entrance.

1. On April 20, 2014, at around 04:30, the Defendant: (a) used the entrance door prior to the aforementioned D key to enter the entrance, and intruded into the building, the building, and then cut off KRW 250,000 in cash owned by the victim, which was located in the above D key; and (b) cut off the entrance.

2. On April 29, 2014, at around 04:30, the Defendant intruded into the said main points in the same manner as the above “paragraph (1)”, and then stolen KRW 20,000,000, in cash owned by the victim in the said cash box at the said cash box. On May 5, 2014, the Defendant intruded into the said main points in the same manner as the above “paragraph (1)”, and then stolen KRW 30,000, in cash owned by the victim in the said cash box at the said cash box.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes to report on occurrence of a crime, each photograph, internal investigation report (in-depth investigation and investigation of the victim's counterpart details), investigation report (suspect's specific details);

1. Article 330 of the Criminal Act applicable to the crime;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] the reason for sentencing under Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommending punishment] where the mitigation area (8 to January 16) (a special mitigation) (a special mitigation person] intrudes into a place other than an indoor residential space (the decision of sentencing) [the decision of sentencing] where the degree of damage is minor and it is not good to be a crime committed as intrusion larceny, but it shall be taken into account that

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