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(영문) 울산지방법원 2020.01.17 2019고단1268
야간건조물침입절도등
Text

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

Reasons

Punishment of the crime

"2019 Highest 1268"

1. On February 24, 2019, around 01:23, the Defendant: (a) committed theft on the roads near a tent warehouse in Ulsan-gu, Ulsan-gu; and (b) on the market price where the victim D (V, 68 years old); (c) committed theft.

2. At night, the Defendant: (a) fell in front of the tent warehouse of the victim E (year 52)’s operation as stated in the above 1. paragraph (1) of this Article; (b) entered the said tent via tear, and then entered the said warehouse; (c) 47 butane gas owned by the victim; (d) 20, 20, 30, 75, 74, 300, 50, 42, 42, 500, 16, 52, 112, 112.

Accordingly, the defendant stolen the victim's property by intrusion on the victim's structure at night.

On February 8, 2018, the Defendant: (a) around 17:57 on February 8, 2018, the Defendant: (b) committed theft by citing one gift set of “natural-registered liquor” equivalent to KRW 25,000 at the market price owned by the victim H (the age of 40) who was displayed in the said Maart display stand.

Summary of Evidence

1. Police suspect interrogation protocol of the accused "2019 high-ranking 1268";

1. A H statement;

1. The video image of CCTV at the site of the case "2019 Highest 1652";

1. Statement to E by the police;

1. Written statements of D;

1. Records of seizure, list of seizure and photographs of seized articles;

1. Application of the statutes on site, CCTV photographs, and CCTV images;

1. Relevant Article 330 of the Criminal Act, the choice of punishment for the crime (the point of larceny) and Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

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

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 thief (at night, decision of type) (the theft of buildings) (the decision of type thief). The theft of general property (Type 4).

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