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(영문) 울산지방법원 2017.10.24 2017고단3114
절도등
Text

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

Reasons

Criminal facts

【Criminal Records of Crimes】 On December 10, 2015, the Defendant was sentenced to eight months of imprisonment due to forced indecent acts or forced indecent acts committed by the Ulsan District Court, and the execution of the sentence was terminated at Daegu Prison on June 19, 2016.

On October 27, 2016, the Defendant was sentenced to imprisonment with prison labor for at night, larceny, larceny, attempted larceny, and intrusion upon residence at the Ulsan District Court sentenced to ten months, and completed the execution of the sentence in Daegu Prison on July 10, 2017.

【Crimes】

1. On August 15, 2017, the Defendant, at around 17:00 on August 15, 2017, entered the victim D’s house located in Ulsan-gu, Ulsan-gu, with knife the shocked net installed in the victim’s house windows, and opened and opened the window that is not corrected after tearing.

Accordingly, the defendant invadedd the victim's residence.

2. At the time and place described in paragraph 1, the Defendant stolen one of the diversary finites (hereinafter referred to as “the inner part”) and one of the white finites with a total market value of women equivalent to KRW 10,000, the victim’s market value.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records;

1. A report on occurrence (thief), a report on processing of report, a report on results of field identification, a field identification photograph, a sufficient appraisal report, a sloter photograph which was new at the time of committing a crime, and a damaged object photograph discovered at the suspect's house;

1. Reports on internal investigation and reports on criminal investigation;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of each investigation report (the confirmation date of the date of release (the confirmation of the date of release), and a repeated crime period);

1. Relevant legal provisions concerning the crime and the larceny of the option of punishment: Article 329 of the Criminal Act, intrusion into a house option of imprisonment with prison labor: Article 319 (1) of the Criminal Act, and choice of imprisonment with prison labor;

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

1. The reason for sentencing of Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Aggravation of concurrent crimes with the punishment heavier than punishment) of the Act on the Aggravated Punishment of Concurrent Crimes / [the type of punishment] No. 4 (Special Sentencing) (person who is subject to special sentencing] of the theft against general property.

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