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(영문) 울산지방법원 2013.12.12 2013고단3335
주거침입등
Text

A defendant shall be punished by imprisonment for not more than ten 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. On August 29, 2013, the Defendant, by entering a living room, had the victim D’s house located in Ulsan-gu, Ulsan-gu, and had not been corrected for the purpose of theft of property from the victim D’s house. The Defendant invaded upon the victim’s residence by entering the living room.

2. The Defendant: (a) invaded upon the victim’s residence at the above time and place; and (b) stolen KRW 7,600 in cash stored after the victim’s television at the living room.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and D;

1. Application of Acts and subordinate statutes on seizure records;

1. Relevant Articles 319(1) and 329 of the Criminal Act concerning criminal facts, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act (i.e., reflection of the fact that it is against the victim and agreed with the victim);

1. Probation and community service order are judged as above for more than a certain period of time under Article 62-2 of the Criminal Act (in light of the fact that the defendant has the same military force as the defendant, it is reasonable to impose a community service for a certain period of time).

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