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(영문) 울산지방법원 2020.02.05 2019고단3813
야간주거침입절도
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On September 10, 2019, the Defendant, around 02:00 on September 10, 2019, intruded into the above site office in order to steals-gun B C site, Ulsan-gun, and stolen the property, and then stolen the property with two copies of cash owned by the victim D, the victim’s cash owned by the victim E, KRW 2,150,000,000, KRW 300,000,000 in cash owned by the victim E, KRW 50,000 in cash owned by the victim, KRW 50,000 in cash owned by the victim, and KRW 100,000 in gift certificates.

2. Around September 12, 2019, the Defendant: (a) intruded into the above site office in order to steals property from the time of the crime on September 12, 2019 to the above site office; and (b) stolen the property with three precious metals equivalent to KRW 600,000,000 in cash owned by the victim E, and KRW 200,000 in the market value.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by E or D among the police interrogation records of the accused (second, second, and substitute)

1. Statement to E by the police;

1. A statement prepared by the F;

1. Application of the Acts and subordinate statutes to take on-site photographs and CCTV-fags;

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommending punishment according to the sentencing guidelines [decision of types] the scope of larceny [No. 4] for general property; intrusion theft [Special Convicted Persons]: Where a person intrudes into places, other than his/her living or indoor residential space, he/she shall not be punished (the recommended area and the scope of recommending punishment], special mitigation area, and four to one year and six months;

3. In full view of all the circumstances revealed in the records, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentencing guidelines shall be recommended based on the following factors: (a) the Defendant has led to the instant crime; (b) the Defendant has agreed with the victims; (c) the Defendant has no criminal penalty power exceeding the fine; and (d) the Defendant has no record.

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