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(영문) 울산지방법원 2015.10.28.선고 2015고단1966 판결
2015고단1966절도,주거침입·(병합)절도
Cases

2015 Highest 1966 thief and intrusion upon residence

2015 Highest 2445 (Consolidation) thief

Defendant

A (96,000) No person,

Prosecutor

E. E.B. (Lawsuits) and motives (Trial)

Defense Counsel

Attorney Yang Chang-soo (National Election)

Imposition of Judgment

October 28, 2015

Text

A defendant shall be punished by imprisonment with prison labor for a maximum of six months and a short of four months.

Reasons

Criminal facts

“2015 Highest 1966

The Defendant accessed young students and confirmed their absence of parents at home, and tried to steal money and valuables by entering the relevant student’s house.

1. On July 23, 2015: around 50, the Defendant confirmed the absence of parents by approaching the said victim’s elementary school student’s his/her father, his/her father, Kim Jong-ok, who returned home to the ○○○○○○ in Ulsan-gun, Ulsan-gun, U.S., 10% of 10% of 70 x 70 x after confirming the absence of parents, at the vicinity of the ○○○○○○○○’s house, and then entering the said victim’s house together with Kim Jong-k, which read as “the Defendant used the lock-si toilet”, and invaded the victim’s residence.

In addition, the Defendant stolen the gap in which surveillance was neglected, five gold booms in the internal cremation room, two gold balls, 1,90,000 won per stone 1,90,000 won.

2. The defendant around August 5, 2015: 14: 14: 20, the defendant around 20, and around 3:3 that is located at ○○○, Nam-gu, Ulsan-gu, Incheon-gu, Seoul-gu, and * Dong** * The defendant confirmed that he/she has no parents by approaching high school students' father's his/her father's mother's mother, who returned home to his/her house, and having his/her mother do so, he/she is waiting for her child, and there remain many times. The time remains. The defendant called "I will not go to go to her house as soon as he/she collapses," and entered his/her house together with Jindo, and intrudes the victim's residence.

In addition, the Defendant, who neglected surveillance around the area, stolen 18kms, 18kms, 18kms, 18kms, and 18kms with 1420,000 won.

3 . 피고인은 2015 . 8 . 10 . 16 : 00경 울산 울주군 범서읍 ○○○에 있는 ▣▣▣빌 * * * 호 피해자 황은○의 집 인근에서 , 집으로 귀가하는 위 피해자의 초등학생 아들 최무○에 게 접근하여 부모가 부재중인 것을 확인한 후 , 위 2 . 항과 같은 방법으로 집안으로 들어 가 피해자의 주거에 침입하였다 .

In addition, the Defendant stolen the amount of money equivalent to KRW 50,000,000 and KRW 550,000,000,000 in the case of gold 2,000,000 in the inside cremation, which had been in the front surveillance room.

2015 Highest 2445

The defendant is a high school student.

The defendant stolen another person's property and thought to raise living expenses, entertainment expenses, etc.

이에 따라 피고인은 2015 . 7 . 5 . 14 : 30경 창원시 마산회원구 합성옛길 131 지하1층에 있는 ' 디스코 팡팡 ' 에서 , 피해자 박○○이 놀이기구를 타기위해 가방을 그곳 의자 위에 놓아두고 자리를 비운 틈을 이용하여 , 위 가방을 열어 피해자 소유의 시가 불상의 필 로소피 지갑 1개 , 현금 98 , 000원 , 은행 체크카드 5장 , 운전면허증 1장 , 주민등록증 1장 을 꺼내어 가 이를 절취하였다 .

Summary of Evidence

Omission

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 319(1) of each Criminal Code (a point of intrusion upon residence), Article 329 of each Criminal Code (a point of larceny), Article 329 of each Criminal Code (a point of larceny) - Each sentence of imprisonment with prison labor;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Illegal punishment;

Articles 2 and 60(1) of the Juvenile Act

Reasons for sentencing

The punishment as ordered shall be determined in consideration of the fact that repeated crimes of the same kind and the detention due to the same crime was sentenced to a suspended sentence of imprisonment and was released by the court, while on the other hand, the agreement with some victims was reached, and all other circumstances, such as the age of the defendant.

Judges

For the remaining judge

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