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(영문) 울산지방법원 2016.08.19 2016고합217

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 4 shall be confiscated.

The victims of seized evidence Nos. 1 to 3.

Reasons

Punishment of the crime

[criminal history] On October 26, 2012, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court, and on September 11, 2015, was sentenced to one year of imprisonment with prison labor for habitual larceny at the Ulsan District Court, and completed the sentence in Busan Prison on May 20, 2016.

[Criminal facts] The Defendant returned to the apartment complex in Ulsan and Yangsan, with the aim of raising living expenses, and committed an intrusion on an unrectable vehicle to steals money and valuables.

around 02:39 on June 3, 2016, at the C Underground Parking Lot at Yangsan-si, the Defendant finds out the Erocketing car owned by the victim D, and open the door of the non-Correctioned vehicle and remove 40,000 won in cash owned by the victim.

In addition, from July 3, 2016, a total of 55,000 won in cash was stolen on six occasions, such as the statement in the list of offenses in the attached Form, from that time until July 3, 2016.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared in D, F, G, H, and I;

1. Each investigation report (CCTV verification investigation, suspect tracking, appending images and photographs to the same line, identifying the suspect, attaching copies of bankbooks in the name of the suspect, and making a statement by telephone from the victimJ);

1. A protocol of seizure and a list of seizure;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, current status of acceptance by each individual, and report on investigation (Binding of the same type of judgment);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness, in light of the records of each crime in the judgment, the number of crimes, the frequency of crimes, and the fact that a person repeatedly commits the crime in this case under several Acts and subordinate statutes within the short time after release;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime ( comprehensively including Article 5-4 of the same Act);

1. Article 35 of the Criminal Act for aggravated repeated crimes (that there is a previous offense of habitual larceny);

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following):