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(영문) 울산지방법원 2015.01.16 2014고단3309
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for 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

1. At night, at around 23:00 on September 24, 2014, the Defendant stolen a total of KRW 67,000,00, from that time until October 2, 2014, a total of seven times, including the following: (a) the Defendant: (b) had intruded the victim’s C’s high water surface located in Ulsan Jung-gu, Ulsan-gu; (c) had the victim’s supervision neglected; and (d) had entered an office located in the water math; and (d) had not been corrected; and (d) had the cash amount of KRW 12,000,000, from that time, had the victim’s supervision neglected; and (d) had the victim’s personal property damaged; and (e) had the victim’s personal property damaged; and (e) had

2. On October 4, 2014, the Defendant invadedd at night buildings, such as at least 02:0, in the same manner as the preceding paragraph, and sought money from a credit cooperative to steals money at the same place, but did not lead to such intent and did not commit such act.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense (a crime of larceny at night), Articles 330 (a crime of larceny at night), 342 and 330 (a crime of larceny at night) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] Special Mitigation Zone (4 to 1 year and 6 months) for general property / Where the defendant intrudes into places other than indoor residential space (4 types), the decision not to punish [4] the defendant is against himself/herself while committing a crime; the defendant's age, character and behavior, environment, conditions after committing a crime, etc.; the defendant's age, character and behavior, environment, conditions after committing a crime, etc. shall be determined as per the order.

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