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(영문) 울산지방법원 2016.01.08 2015고단2943
절도등
Text

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

Reasons

Punishment of the crime

1. On September 12, 2015, the Defendant: (a) opened a entrance with a key located in the victim’s residence located in Ulsan-gu, Ulsan-gu, Seoul-gu, 701 on September 12, 2015; and (b) opened the entrance at the victim’s residence; (c) up to 1.5 million won in cash, the victim’s possession in the domestic cremation unit; (d) four gold-frames of the market price of 18K amounting to 300,000 won in the market price; (d) one gold-welve of the amount equivalent to 40,000 won in the market price; and (e) 18K gold-welves of the market price of 2,000,000 won in the total of 3,000,000 won in the victim’s 1,70,000 won in the market price; and (e) 1,300,000 won in the victim’s room.

Accordingly, the defendant stolen the property by intrusion upon the victim's residence.

2. The Defendant committed the crime against the victim E at around 07:00 on the same day, opened a entrance and intruded with the key in the victim E’s residence located in the above D building 702, and had one half of the market price of the victim’s possession on the front of the inside and outside of the said place.

Accordingly, the defendant stolen the property by intrusion upon the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of F or G by the prosecution;

1. Police statements made to H, E, or C;

1. Police seizure records and photographs;

1. On-site reports on results of field identification, field identification photographs, and an appraisal report;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning the crime, Article 329 of the Criminal Act that provides for the choice of a punishment (a point in Section 329), Article 319 (1) of the Criminal Act (a point of intrusion upon residence), and the choice of imprisonment, respectively;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] There is no basic area (one year to two years and six months) (the person who is subject to special sentencing) of the basic area (one year to two years and six months).

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