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(영문) 울산지방법원 2017.03.10 2017고합23

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

[2] On January 17, 2002, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on March 26, 2004; imprisonment for one year and six months; on March 16, 2007, with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Ulsan District Court on March 16, 2007; 9 months; on June 24, 2008, with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Ulsan District Court on June 24, 2008; 3 years; and on June 29, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Ulsan District Court on March 16, 2016; and the Defendant was sentenced to imprisonment with prison labor for a specific crime at the Dong District Court on February 16, 18, 2016.

[Criminal Facts]

1. The Defendant committed the crime against the victim C, on January 9, 2017, operated by the victim C in Ulsan-gu around 00:24, Ulsan-gu, 2017 ******** opened a closed toilet in front of a restaurant and intruded into it, and then cut off the victim’s own market price of at least 240,000 won, e.g., cosmetics carbbbbs at the location, 200,000 won, 120,000,000,000,000,000,000,000,000).

2. On January 9, 2017, the Defendant: (a) opened a side window of the entrance that was not corrected in front of the restaurant operated by the victim D in Ulsan-gu, Ulsan-gu; and (b) intruded into it; (c) installed cash 200,000 won in the victim’s possession of the victim; (d) one female wall with cash 200,000 won in the market price of KRW 50,000 in cash; and (e) one mobile phone with cash 5,000 in the market price of KRW 1,00,000 in the gallon of KRW 1,000 in the market price.

As a result, the defendant was sentenced twice or more to the crime of larceny or attempted crime, and the execution of the sentence was completed, and he habitually intruded into his residence at night within three years.