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(영문) 울산지방법원 2019.05.08 2019고단267
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Night theft;

A. On September 19, 2018, at around 01:28, the Defendant intruded into an open gate by the victim C located in Ulsan Jung-gu, Ulsan-gu, with three pantyty pantyty and two brodes, the market price of the victim’s own 60,000 won owned by the victim, which is equivalent to 60,000 won.

B. On the date of 09:00 to 01:00 on the date, the Defendant intruded into the house house in Ulsan-gu D with an open gate, E, and the victim F, and committed theft by having one panty, each of the panty, which is the clothes for women in the U.S., owned by the victims who had an open rode in the front house, at the time when the victims came to know.

C. On September 2018, 2018, the Defendant intruded into the victim H’s house located in Ulsan-gu, Ulsan-gu, Seoul-gu, with an open gate, and invaded into the house, and the Defendant cut off the victim’s panty 24,000 won at the market price of the victim’s possession in the first floor.

2. On September 2018, 2018, the Defendant: (a) 23:00 to 01:00 on the date, and at the time of the VictimJ located in Ulsan-gun, Ulsan-gun, the Defendant stolen four of the victim’s market price owned by the victim, who had a personal name in the Dalsan-gun, brought about four of the 100,000 won at the top of the house.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each written statement of E, J, F, and H;

1. CCTV installed photographs;

1. A report on internal investigation (referring to the analysis of CCTV outside the site);

1. Investigation report (limited to attachment of motion pictures, etc.);

1. Investigation report (for damaged articles voluntarily submitted by a suspect), detection photographs of damaged articles, and photographs of damaged articles voluntarily submitted;

1. Application of Acts and subordinate statutes governing the residence of victims;

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act for the crime in question and for the selection of punishment (the points of night larceny)

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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