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(영문) 울산지방법원 2018.09.19 2018고단1074
야간주거침입절도등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On March 22, 2018, the Defendant: (a) at the first floor store E, managed by the victim D in Ulsan-gu, Ulsan-gu, Seoul-do; (b) had 16,000 won in total, including 4,500 won in the market price, and 4 locks equivalent to 11,400 won in the market price.

Accordingly, the defendant stolen the property managed by the victim D.

2. The indictment for larceny of intrusion upon a structure at night states that the name of the crime is “the larceny of intrusion upon residence at night” but the name of the crime corresponding to the facts charged in question is “the larceny of intrusion on the structure at night” (see attached Table 1 of the Rules on Inspection, i.e., the name of the crime to be stated in the indictment and the indictment). It does not disadvantage the defendant, and does not affect the defense right, and is merely a clerical error in the name of the crime, and thus corrected ex officio and indicated.

On March 24, 2018, the Defendant concealed the victim G in Ulsan-gu F on March 24, 2018, around 22:30, the Defendant entered a simplified rental shop installed in the passage of the second and third floors, around 02:30 on the following day after the end of the said marina business hours, and subsequently, deducted KRW 459,050 in cash in a credit cooperative in walking the tent.

In addition, at the electronic equipment store, one chain value equivalent to the market value of 7,900 won, one rubber net value equivalent to the market value of 4,900 won, and one LG PC equivalent to the market value of 363,000 won.

Accordingly, the defendant stolen the property by impairing the structure that the victim G was able to receive at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D;

1. Police seizure records and list of seizure;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Article 330 of the Criminal Act (a thief by intrusion on a structure at night) and Article 329 of the Criminal Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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