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(영문) 울산지방법원 2014.08.22 2014고단2334
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 4, 2012, the Defendant was sentenced to six months in prison at night in the Ulsan District Court as a crime of larceny and the execution of the sentence was completed on February 10, 2013.

1. On July 18, 2014, from around 04:25 to around 04:30, the Defendant: (a) intruded the victim D’s “Eju” located in Ulsan-gu Seoul-gu, Seoul-gu, by opening a entrance and opening up the entrance; (b) took the victim D’s cash amounting to KRW 200,000,000 owned by the victim D, which was located in the camera, with a view to cutting down the entrance; and (c) took the cash and wall on the wall of the said gate, which were put on the gate, and intrudes the said gate up to two rooms; and (d) opened the entrance again and intruded the said gate up to the said room, the Defendant carried out one gate as soon as possible at the market price of KRW 260,000,000,000, in cash, 260,000,00 won.

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

2. On July 19, 2014, the Defendant attempted to larceny at night, opened a locked door at the time of the victim G located in Ulsan-gu, Ulsan-gu, and intrudes into the said house inside, and attempted to commit a theft with the victim G, who was coming from the toilet while displaying the stolen object.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Written statements prepared in D;

1. An investigation report (to hear statements from victims);

1. An investigation report (a report on confirmation at the time of sunrise or sunset);

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (reports on the confirmation of the suspect's release from prisons), application of Acts and subordinate statutes to the status of personal identification and confinement;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Sentencing criteria;

(a) Class 1:

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