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(영문) 울산지방법원 2017.02.08 2016고단4544

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On December 20, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor for special larceny at the Ulsan District Court, and on November 20, 2014, the Defendant was sentenced to four months of imprisonment with prison labor for the attempted larceny of building structures and chips. On April 29, 2015, the Defendant was sentenced to four months by imprisonment with prison labor at the Ulsan District Court for larceny, etc. and completed the execution of the said punishment on July 27, 2015.

On September 4, 2016, at around 03:00, the Defendant confirmed that the cosmetic was in front of the cosmetic operated by the victim in Ulsan-gu, Ulsan-gu, and that the cosmetic was not corrected, and stored the goods to be stolen by entering the cosmetic. However, if the stolen goods were to be stolen, the Defendant opened the chotle installed in the cosmetic-gu, and entered the ceiling, and moved the cafeteria to a restaurant operated by the injured party like cosmetic-type, destroyed the cafeteria-type, and then 116,000 won in cash located in the cafeteria-gu, by intrusioning into the restaurant.

As such, the Defendant, who was sentenced to imprisonment not less than three times with prison labor due to theft, etc., destroyed a part of the structure at night, and intruded into the structure managed by the damaged person, and stolen the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Each photograph;

1. Previous convictions in judgment: Inquiry about criminal history and the application of investigation reports (in a net time9,10) Acts and subordinate statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 (1) of the Criminal Act concerning the crime committed;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 53 and Article 55 subparag. 3 of the Criminal Act [Sentencing] of the same type of repeated crime, or the intent of the victim to punish shall be comprehensively taken into account; however, the punishment shall be determined as ordered in consideration of various circumstances, such as the details of the crime committed in the records and pleadings, the degree of reflectivity, and the scale of damage;