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Reasons
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(영문) 울산지방법원 2019.11.28 2019고단2524
야간건조물침입절도
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 10, 2019, the Defendant: (a) discovered that the victim D, operating a restaurant on the second floor of the above commercial building in Ulsan-gu B 1st floor, “C,” had no corrective device; (b) decided to steals other objects without surveillance at night; and (c) intruded the above first floor, which was not corrected at around 21:50-23:20 on the same day, and stored there at the same time, 1 4-Ma-Ma-Ma (700,000 won), 1-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma (100,000 won), 2-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma (100,000 won (10,000 won) equivalent to the market value; (d) 3-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma-Ma.

Accordingly, the defendant invadedd a structure at night and stolen the object owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes to photograph on the spot photographs, damaged photographs, and CCTV images upon site;

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

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

1. Even though the period of sentencing under Article 62-2 of the Probation Criminal Act was served for the same criminal act as the defendant, the crime of this case was committed again. On the other hand, the disabled in intellectual disability 2 and the disabled in intellectual disability 2 are divided after the crime, the damaged goods have been returned, and the conditions of sentencing indicated in the records, such as the defendant's age, occupation, character and conduct, family relation, living environment, circumstances leading to the crime, and circumstances after the crime, etc., shall be comprehensively taken into account and determined as the same sentence as the order. The execution of the sentence shall be suspended and the

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