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(영문) 울산지방법원 2016.06.03 2016고단412
특수절도등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant possessed a sloping-type divers, nives, and knives, etc., and stolen things in a store operated by others.

On February 1, 2016, the Defendant 200 won in cash, 5,00 won in walk, walk, walk, walk, and walk walk walk walk walk walk walk walk walk walk walk walk walk, which was operated by the victim C in Ulsan-gu B, Ulsan-gu. Around February 1, 2016.

From February 2, 2016 to February 2, 2016, the Defendant intruded into a store owned by the victims on a total of six occasions, such as the list of crimes in the attached Form, and cited the fruits, bread, cash, etc. owned by the victims.

Accordingly, the defendant invadedd on a structure at night, stolen property, damaged part of the structure, and intruded on a structure, thereby thefting property or resulting in attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement and each damage report;

1. Photographss and photographs by cutting down CCTV in a DNA office or a water center;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 331(2) and (1) of the Criminal Act in relation to the relevant criminal facts; Article 330 of the Criminal Act (the point of larceny at night) and Articles 331(1) and 342 of the Criminal Act (the point of attempted special larceny) concerning the criminal facts;

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 (The following favorable circumstances):

1. The community service order under Article 62-2 of the Criminal Act;

1. In full view of the circumstances under the grounds for sentencing under Article 48(1)1 of the Criminal Act, and other various conditions of sentencing as indicated in the records of the instant case, including the Defendant’s age, sex, environment, motive, background, means, methods, and outcome of the instant crime, and the circumstances before and after the instant crime, etc., the sentence like the order shall be determined.

The favorable circumstances shall be confession.

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