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(영문) 울산지방법원 2014.07.03 2014고단19
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Intrusion upon a structure and theft;

A. On October 29, 2013, the Defendant: (a) around 10:00 on October 29, 2013, at “E” restaurant operated by the victim D in Ulsannam-gu, Ulsan-gu; (b) opened a door by inserting it in a sucking method by inserting it into the entrance door locked connected with the entrance of the said restaurant by using the salted scam, which was prepared for the victim to have not yet arrived at; and (c) moved into the said restaurant; and (d) removed the amount equivalent to KRW 1,00,000, market price of the small-scale 1,000, which was located in the cooling area.

B. At around 09:00 on November 5, 2013, the Defendant: (a) opened a door and intruded into the said restaurant, and brought about approximately KRW 50,000,000 in cash, which was contained in the clicker’s click in the place where the said victim had not yet worked.

Accordingly, the defendant invadedd the building managed by the victim on two occasions, and stolen the victim's property.

2. On November 6, 2013, the Defendant: (a) around 03:00, at night buildings; (b) around 03:00, the Defendant: (c) opened a door by means of cutting up the entrance door locked of the said restaurant by sucking it up; (d) intruded into the said restaurant; and (c) 3,000 won of the market price of small-scale 3 bottles located in the said place, which was located in the air conditioners.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to written appraisal;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Article 319 (1) of the Criminal Act (the points of intrusion upon each building, the choice of each imprisonment), Article 329 of the Criminal Act, Article 330 of the Criminal Act (the points of each theft, the choice of each imprisonment), and Article 330 of the Criminal Act (the points of larceny of night buildings);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes with the punishment determined by night buildings, intrusion theft as being the largest in punishment) shall be 1.

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