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(영문) 울산지방법원 2014.9.2.선고 2014고단1150 판결

특정범죄가중처벌등에관한법률위반(절도)

Cases

2014 Highest 1150 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny)

Defendant

A, Non-Service

Prosecutor

Kim Jong- or (Lawsuits) and Lee Jong-wheele (Trial)

Defense Counsel

Attorney Kang Jin-ok (Korean National Assembly Line)

Imposition of Judgment

September 2, 2014

Text

A defendant shall be punished by imprisonment for two years.

1 Maskel (No. 9), Maskel (No. 12) from the Defendant

shall be confiscated;

Reasons

Criminal History Office

On January 1, 2014, the Defendant: (a) taken away another person’s things from the difficulty of appropriating living expenses due to lack of a certain occupation; (b) prepared an instrument to commit a crime, such as a hat and make; and (c) colored the body of the crime.

On February 24, 2014: around 38, the Defendant discovered and corrected the studio-type vehicles owned by the victim D in Ulsan-gu, Ulsan-gu, Cudio parking lot from the time it was returned to find the subject of the crime.

The victim's 3.50,00 won in cash, which was kept in the custody of the goods by opening an unclaimed chief door and entering the said vehicle, was stolen.

In addition, the Defendant habitually steals or steals goods equivalent to KRW 15,587,000 from October 20, 2013 to April 26, 2014, as shown in the list of crimes in the attached Table, from around October 20, 2013 to around April 26, 2014.

I attempted to commit a attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related to D;

1. Each E and F Statement;

1. Each statement of damage from G, H, I, J, K, L, M, N,O, P, P, and Q

1. Each protocol of seizure and the list of seizure;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 5-4(1), 329, and 342 of the Criminal Act (generality, habitual theft, and choice of limited imprisonment)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. Sentencing criteria:

[Scope of Recommendation Form]

Category 1 (General Habitual Larceny) basic area of larceny (two years to four years)

【Special Convicted Persons】

None

2. Grounds for sentencing

The Defendant, on October 10, 2012, committed a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc., injured by a deadly weapon), was sentenced to imprisonment with prison labor for one year and six months, and two years of suspended execution, which became final and conclusive on October 18, 2012, and went back to the instant crime even when the suspended execution period was expired, and the content of the instant crime was habitually stolen or attempted to steals another’s property over 14 times during about six months. In light of the criminal records of such person, the content and frequency of the instant crime, etc., it is inevitable that the Defendant was sentenced to imprisonment with prison labor for the Defendant.

In this context, the sentencing criteria set forth above are comprehensively considered in light of the circumstances leading to the Defendant to commit the instant crime, family relations, economic conditions, etc., and the sentencing criteria set forth above.

Judges

Judges Lee Jin-hoon