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(영문) 울산지방법원 2016.04.21 2016고단535
야간건조물침입절도등
Text

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

Reasons

Punishment of the crime

[criminal history] On May 28, 2014, the Defendant was sentenced to one year of imprisonment with prison labor due to night building intrusion larceny, etc. in the Daegu District Court Kimcheon-cheon, and was released on June 30, 2015 and the parole period expired on September 6, 2015 while serving in the Daegu Detention House.

[Criminal facts]

1. Larceny of intrusion on night buildings;

A. On December 3, 2015, at around 03:00, the Defendant: (a) removed the window of the above restaurant by taking advantage of the gaps in which the surveillance of the restaurant that completed the business was neglected; and (b) entered the restaurant through the window, thereby bringing 250,000 won in cash owned by the victim at the safe installed at the place.

Accordingly, the defendant stolen the victim's property by intrusion upon the structure that people receive at night.

B. On February 20, 2016, the Defendant, at the “H restaurant” operated by the victim G in Ulsan-dong, Ulsan-gu, Ulsan-gu, around 03:58, carried out the windows not corrected to the above frequency satisfaction, annually, by placing the food waste pipe in the vicinity under the window, and then going through the window.

Since then, the defendant brought 3,00,000 won in cash owned by the victim within the payment period of the money in the restaurant.

Accordingly, the defendant stolen the victim's property by intrusion upon the structure that people receive at night.

2. On February 20, 2016, the Defendant attempted to larceny at night buildings: (a) around 03:50 on February 20, 2016, in order to steal the property owned by the victim J in Ulsan-dong, Ulsan-gu; (b) entered the above restaurant as the side door of the said restaurant; (c) however, the Defendant attempted to take the window of the said restaurant in his/her hand on his/her hand. However, the Defendant did not commit a theft because the window was not opened on the wind where the window is corrected.

Accordingly, the defendant attempted to steal the victim's property by intrusion upon a structure that people receive. However, he attempted to do so.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements made by the police against J.

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