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집행유예
(영문) 울산지방법원 2015.6.17.선고 2015고단981 판결
절도,주거침입
Cases

2015 Highest 981 thief and intrusion upon residence

Defendant

○ Kim (96 years, women), and non-permanent,

Prosecutor

Yellowju (Lawsuits) and Kim Jong-Un (Trial)

Defense Counsel

Attorney Cho Jin-law (Korean National Assembly)

Imposition of Judgment

June 17, 2015

Text

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

except that the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

To order the defendant to be put on probation.

Reasons

Criminal facts

The defendant had access to a mixed child, and confirmed that there is no parent's absence, the defendant committed an intrusion on the child's house to steal the property.

1. On March 30, 2015: around 35, 2015, the Defendant discovered that the victim A’s son B was married at the pre-determined elementary school located in Ulsan-dong, Ulsan-dong, and confirmed that there is no parent’s absence, and thereafter, B was able to look at the victim’s house in Ulsan-gu, Ulsan-gu, U.S., U.S., 20 x 20 x 20 x o apartment site in the victim’s house.

The Defendant continued to bring B into a small room and kept in the cremation room, and put 18K gold 18K and 18K 1,000,000 won at the market price of the victim’s possession, which is equivalent to 1850,000 won, into the kitchen, and 3,50,000 won in cash stored in the ward.

2. On April 6, 2015: around 25, the Defendant discovered that the victim C’s son’s son and son’s son’s son were married in the ○ apartment complex in Ulsan-dong-dong, Ulsan-gu, U.S. Sildong-gu, Seoul Metropolitan City, and found that the parents were absent, and then found D that “the Defendant’s son and son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

The above apartment house was invaded by the victim's house located in 202.

The Defendant continued to enter a gap in D’s games, which was kept in a fluoral, and stored in a fluoralum, included 18K T’s 18K’s market price for women whose market price is equivalent to one million won, and 18K’s 700,000 won in the market price, and stolen it.

Summary of Evidence

1. Defendant's legal statement;

1. Note* the police statement of *

1. Each written statement A and C;

1. Investigation report (ctv analysis, etc.) and internal investigation report (ctv verification);

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 329 of each Criminal Code (a thief) and Article 319 of each Criminal Code (a thief) (a thief) of each Criminal Code - Selection of imprisonment with prison labor

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Probation;

Article 62-2 (1) and main sentence of Article 62-2 (2) of the Criminal Act

Reasons for sentencing

Considering the fact that the Defendant was subject to a protective disposition several times due to the same crime under the same law, while in contrast, the Defendant’s confession and reflects, the Defendant’s parents wanting to take the Defendant’s guidance and agreed with some victims, and other circumstances, such as the Defendant’s age, health conditions, and details of the crime, etc.

shall be determined as to whether a sentence has been executed or not as ordered by the court.

Judges

For the remaining judge

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