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(영문) 울산지방법원 2021.01.08 2020고단2737
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 20, 2020, from around 15:30 to around 18:30, the Defendant: (a) intruded into the said place by opening a gate that was not corrected by the residents of the victim B’s residence; and (b) by entering into the said place, the Defendant stolen, with one pantyty point and two panty point in the market price, which is the victim’s own interest in the instant building site as soon as possible.

2. At night, on May 22, 2020, the Defendant: (a) went into the said place by opening a gate which was not corrected in the housing as described in the foregoing paragraph 1 at night; (b) and (c) by entering the said place; and (d) then, (c) by having one panty point and one panty point in the market value, which is the victim’s market value, which is opened in the front of the said place as soon as possible at the front of the said place.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement in B;

1. A protocol of seizure and a list of seizure;

1. Application of the Acts and subordinate statutes to photographs, reports on the occurrence of each case, and report on internal accidents by cutting down CCTV images;

1. Relevant provisions of the Criminal Act concerning the crime, Article 319(1) of the Criminal Act concerning the selection of punishment (a point of intrusion upon residence, choice of imprisonment), Article 329 of the Criminal Act (a point of Section 329, choice of imprisonment with prison labor), Article 330 of the Criminal Act (a point of larceny upon residence at night);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines (e.g., night residence larceny and larceny) / [decision of type] thief for general property [No. 4] thief for intrusion theft and at night, it constitutes a substantive concurrent crime of intrusion upon residence and larceny. However, it is classified into the category of " intrusion larceny" and is not treated as a majority crime.

[Special Sentencings] Reductions: Where a person intrudes into a place other than an indoor residential space [the area of recommendation and the scope of punishment recommended] Reductions; imprisonment from August to June 1.

3. Determination of sentence: Imprisonment with prison labor for six months and two years of suspended sentence, and sentencing for the same accused as follows.

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