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(영문) 울산지방법원 2020.01.30 2019고단4574

상습절도등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 26, 2018, the Defendant was sentenced to a summary order of KRW 500,000 to a fine for larceny; on June 8, 2018, the same court was sentenced to a summary order of KRW 100,000 as a fine for larceny; on December 13, 2018, the Ulsan District Court was sentenced to a suspended sentence of imprisonment for six months with prison labor for larceny, etc.; on September 20, 2019, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for one month and five months at the Ulsan District Court sentenced to imprisonment with prison labor for larceny, etc.; on December 13, 2019, the judgment became final and conclusive.

At around 18:10 on November 8, 2019, the Defendant intruded into the “D” convenience store operated by the victim C(34 years of age) in Yangsan B, and stolen the goods equivalent to KRW 2,400, a sum of KRW 1,400, the market price of the victim-owned at the convenience store, which is equivalent to KRW 1,40,00, and KRW 1,400, and KRW 21,50,000, each of which was invaded on each convenience store through the same method as the list of crimes in the attached Table, from around that time to November 15, 2019.

Accordingly, the defendant invadedd the structure of the victims, and stolen the victims' property habitually.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F, G, H, and I;

1. Each report on internal investigation:

1. Photographss, 112 reported case handling slips, receipts; and

1. Previous convictions: Criminal records, written judgments, and summary orders;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant Articles 332 and 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor for each crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, recognition of the facts charged for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, the amount of damage is not a relatively large amount, and the amount of alcohol addiction is considered for the defendant.

On the other hand, it was detained by a separate theft, etc. and tried.