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(영문) 울산지방법원 2015.08.20 2015고단1266

상습특수절도

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On October 19, 199, the Defendant was sentenced to 8 months in imprisonment with prison labor for special larceny, etc. at the Ulsan District Court, 1 year in imprisonment with prison labor for special larceny, etc. at the same court on March 16, 2005, 6 months in imprisonment with prison labor for one year and 6 months in the same court on October 30, 2007, and 1 year and 6 months in the same court on January 21, 2010, respectively.

【Criminal Facts】

On January 31, 2015, at around 02:00, the Defendant came to “Ecafeteria” operated by the victim D in Ulsan-gu, Ulsan-gu, Seoul-si, the Defendant: (a) examined the surrounding areas in order to steals the goods; (b) opened a toilet window on which the locking device was not installed; (c) opened the locking device, and run away without money, from January 15, 2015 to June 1, 2015, the Defendant did not have any money; and (d) did not receive any article that was stolen by having property at a market price of KRW 3,87,000 over 26 times from the Nam-gu, Ulsan-gu, Seoul-gu to June 1, 2015; and (e) did not have any article that was stolen by taking property over eight times.

Accordingly, the defendant habitually stolen or attempted to steals the victims' property 34 times in total.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Each statement of H, I, J, K, L, M, N, P, Q, Q, R, T, U, V, W, X,Y, F, Z, AB, AC, AD, AE, AE, AF, AG, AH, and AI;

1. Reports on the results of conducting field inspections and reports on the occurrence of each event;

1. Each investigation report, each accident report, and results of DNA identification;

1. Records of a AJ restaurant, an AK restaurant original records, an AL restaurant original records, an AM original records, an AAO original records, an AP original records, a AP original records, a AR original records, an AS restaurant, and an AS original records;

1. Previous convictions in judgment: Criminal records and investigation reports (data recognized as habitually);

1. Habituality of the holding: The application of the damp-style statute shall be one of the following, in light of the records of each crime, the number of crimes, the number of crimes, and the fact that the same kind of crimes are repeated in a planned and organized manner;