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(영문) 울산지방법원 2016.07.14 2016고단1546
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On August 29, 2013, the Defendant was sentenced to two years by the Ulsan District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the sentence on April 19, 2015.

1. On May 9, 2016, around 02:10 on May 9, 2016, the Defendant opened a door that was not corrected in the first floor of the Ulsan-gu Seoul apartment complex C apartment complex, and cited two computers with the total market price of 1.6 million won, which is the victim E-owned on the book.

Accordingly, the defendant invadedd a structure at night and stolen the property.

2. On May 19, 2016, at around 04:13, the Defendant opened a door that was not corrected in the Feminable office in the first floor of the said newly constructed apartment complex, and cited one set of a net PC equivalent to KRW 100,000,000 in the market value of the victim G holding on his/her book.

Accordingly, the defendant invadedd a structure at night and stolen the property.

3. On May 20, 2016, the Defendant opened a entrance which was not corrected in the office of the said dispute settlement council around 02:00, and 300,000, the market price of the victim H owned by the Defendant was 30,000,000 won.

Accordingly, the defendant invadedd a structure at night and stolen the property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Reporting on occurrence of a disaster;

1. Reports on internal investigation and investigation reports;

1. Each photograph;

1. A list of business reports and details of transactions;

1. Each protocol of seizure, list of seizure, and evidence of seizure;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 330 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes / [Scope of the recommended punishment] The mitigated area (from August to one year and six months) (Special Sentencing) (where a person subject to sentencing intrudes into a place other than indoor residential space) - Where a person intrudes into a place other than indoor residential space, the mitigated amount: The same kind of factors that do not constitute a special case (type 4).

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