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(영문) 울산지방법원 2013.08.12 2013고단2368
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On April 22, 2013, at around 21:10, the Defendant entered into a house of the victim C (n, 30 years of age) located in Yangsan City B, through a gate opened in the house of the victim C (n, 30 years of age), and then stolen 1 FIDEALIB’s 200 won (market price equivalent to 10,000 won) from around seven times until May 26, 2013, the Defendant was deprived of, or attempted to steal, the clothes owned by the victim on seven occasions, such as the list of crimes, as shown in the separate sheet of crimes, (total amount equivalent to 220,000 won).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each protocol of seizure (the sequence 14, 19 of evidence list);

1. Each investigation report (the sequence 4, 6 through 9, 11, 12, 15, 17, 18, 20, 21 of the evidence list);

1. Application of statutes on site photographs;

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

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 on the suspension of execution (including the fact that the defendant is in violation of his depth in this court, the defendant has no previous conviction and has no previous criminal record exceeding the fine);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;

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