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(영문) 울산지방법원 2019.06.13 2019고단1377

상습절도등

Text

The defendant shall be punished by imprisonment with prison labor for one month and by imprisonment with prison labor for five months for the provisions of paragraph (2) of the judgment.

Reasons

Punishment of the crime

On December 13, 2018, the Defendant was sentenced to a suspended sentence of three years for six months with prison labor for the crime of larceny and intrusion upon structure by the Ulsan District Court, which became final and conclusive on December 21, 2018, and is currently under the suspended sentence. On April 26, 2018, the Defendant issued a summary order of five hundred thousand won with prison labor by the same court as larceny, and the same year.

6.8. The same court has the record of being sentenced to a summary order of KRW 1 million as a fine for larceny.

1. On October 1, 2018, around 14:35, the Defendant entered “D” convenience stores operated by the victim C(33 years of age) (hereinafter “D”) in Yangsan City B, and subsequently stolen three Siwons or ice cream in the sum of the market value of the victim’s possession in the air conditioners at the same location, with three Siwons of Siwons, the sum of which is equivalent to 4,400 won. From that time, the Defendant invaded the building operated by the victim over 42 times in total, as described in the table of crime Nos. 1 through 42 from November 24, 2018, and attempted to steals property over a single occasion, but attempted to steal property over a single occasion, and attempted to have attempted to commit an attempted crime by the victim.

2. At around 14:20 on March 19, 2019, the Defendant: (a) entered the convenience store as above “D”; (b) went away from the Defendant’s possession of the victim C in a cooling house, and subsequently stolen the victim’s 1,400 won of the market price; (c) from that time, up to March 25, 2019, the Defendant invaded the victim’s structures operated by the victims on 23 occasions, such as the list Nos. 43 through 65 of the list of crimes in attached Form 23 through 65; and (d) attempted to steals property on 23 occasions in total, but was discovered to the victim and attempted to commit attempted to commit the crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Photographs;

1. Previous convictions in judgment: Criminal records and investigation reports (report on confirmation of the same kind of records);

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, 329, and 329 of the Criminal Act concerning criminal facts;