beta
(영문) 울산지방법원 2014.06.12 2014고단808

특정범죄가중처벌등에관한법률위반(절도)

Text

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

At around 13:00 on March 27, 2014, the Defendant: (a) destroyed the victim D’s residence in Ulsan-gu, Ulsan-gu; (b) invadedd the victim’s wall with a stone near it to a small room by inserting his hand; and (c) collected 30,000 won in cash on the wall of the victim who was on the face; and (d) stolen 2,30,000 won in cash on the wall of the victim who was in a swine container from July 27, 2013 to March 27, 2014; and (b) attempted to steal the victims’ property at a total of 1,081,50 won on 11 occasions, as indicated in the attached crime list, and attempted to steal the victims’ property.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, F, G, H, I, J, K, L, M, and N;

1. Each report on the occurrence of a theft, reports on results of field identification, reports on field files, pictures of the suspect of field booms, photographs of the suspect, photographs surrounding the scene, and photographs of the place of damage;

1. Police seizure records;

1. A report on investigation;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and the fact that the same kind of crime has been repeated several times in a planned and organized manner;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 342 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] The mitigated area (1 year and six months to three years) of category 1 (1 year and six months), the mitigated area (1 year and six years) [3 years] of the mitigated area (1 year and six years] of the Punishment, the decision of the Punishment, and the crime committed by intrusion upon the house window at the low time, or by destroying a stone or a drick door, and then theft over 11 times is not good.

However, the amount of damage is minor and no criminal history, and the victim is a victim.