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(영문) 울산지방법원 2014.04.03 2013고단2502
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for four months.

except that 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

1. On February 20, 2013: (a) around 05:21, the Defendant: (b) was the victim C, located in Ulsan-gun, Ulsan-gun, U.S., U.S. on February 20, 2013; (c) the Defendant opened the entrance of the business office and returned the password of the Kkter credit cooperative, using the said keys, carried 20,000 won in cash owned by the victim; and (d) stolen the property by impairing the structure at night.

2. On February 21, 2013, the Defendant: (a) entered a night building intrusion theft in the same manner in the same place; (b) 20,000 won in cash owned by the victim C; and (c) intruded a structure at night in the night; and (d) stolen the property by impairing the structure at night.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Application of the Act and subordinate statutes to a investigative report (fix a CCTV screen);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although the suspended sentence Article 62(1) of the Criminal Act was not recovered from damage to the reason for sentencing (a favorable circumstances among the reasons for sentencing following the sentencing), the fact that there is no record of crime, the fact that the judgment is rendered by service after prosecution is unknown, and the sentencing guidelines [a] for larceny crimes (a thief for general property, theft, intrusion theft), special mitigation area, and recommendation range from April to June] for the sentencing criteria, etc. shall be determined as per the disposition.

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