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(영문) 울산지방법원 2014.12.11 2014고단678
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for six months.

except that 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. At around 03:00 on August 2013, the Defendant used a pipe 7 km equivalent to 50,000 won at the victim’s market price owned by the Defendant, which was in custody in a warehouse, after going beyond the fenced walls in front of the materials storage of the victim C in Ulsan-gu, Ulsan-gu, Seoul-do, and invaded into the materials storage, and stolen it.

2. On August 1, 2013, around 04:00, the Defendant: (a) went beyond the fenced walls in front of the materials storage of the above victim C; (b) went in front of the materials storage and intruded into the materials storage into the materials storage; and (c) cut off 8 km of the market value of the victim’s possession, which was in custody in the warehouse, by putting them out in rush 17,00

3. On September 1, 2013, the Defendant: (a) 03:00, around September 1, 2013, went beyond the fenced walls in front of the materials storage of the above victim C; and (b) putting about 70,000 g of the market value of the victim’s possession in the warehouse and was in custody in the warehouse, and stolen them.

4. At around 04:00 on September 12, 2013, the Defendant: (a) placed 50 parts of the materials owned by the victim, which were in custody in a warehouse, in front of the materials storage of the said victim C, after going beyond the fenced walls; and (b) cut off 75,000 won of the market price on the part of the victim’s possession.

Summary of Evidence

1. Each police interrogation protocol of the accused, D, or E;

1. Statement to C by the police;

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

1. Article 330 of the Criminal Act concerning the facts constituting the crime;

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

1. The reason for the sentencing of Article 62(1) of the Criminal Act in the suspended sentence is that the sentencing guidelines [the range of recommending punishment] for the sentencing of Article 62(1) of the Criminal Act is based on the following circumstances: (a) the special mitigation zone (4 to 1 year and 6 months) for the theft of general property; (b) the case where the crime of this case was committed in a place other than a living-type and indoor residential space (4) and the case where the recovery of the crime of this case was made four times, and the damage of the victim was not recovered.

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