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(영문) 울산지방법원 2019.07.18 2019고단1137
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment with prison labor for four 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

1. At night, on February 24, 2019, the Defendant stolen the victim’s property in an amount equivalent to KRW 220,000,00,000, i.e., approximately KRW 100,000 per annum owned by the victim D, and KRW 220,00,00,000 per annum of the market price, by entering the house through a gate that was not corrected by Yangsan-si B lending C, and intrusion upon another person’s residence.

2. On February 26, 2019, the Defendant attempted to larceny at night, around 19:13, at the victim F’s house located in Gyeyang-si, Yangsan-si, and entered a rooftop warehouse through stairs to intrude another’s residence, and did not discover any things to be stolen, but failed to do so.

3. The Defendant destroyed special property by cutting off electric wires connected to CCTV installed at the end of the victim F at the time, at the time, and at the place, as described in paragraph 2, to the knife of repair costs.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Records of seizure and the list of seizure;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 330, 342, 330, 369 (1), and 366 of the Criminal Act applicable to facts constituting an offense;

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;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. Sentencing criteria;

(a) Night time buildings, intrusion and larceny of buildings, and special property damage and theft [the range of recommending punishment]: Night time buildings, intrusion and larceny: thief on general property; Crimes of Special Destruction and Damage to General Property: Class 1 (Special Destruction and Damage to Cumulative Offense: From August to June): Handling of multiple crimes in the basic area (six months to February): 8 months to February 1;

B. There is no sentencing criteria for attempted larceny of night buildings.

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