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(영문) 울산지방법원 2016.05.13 2015고단3109

절도

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

In other words, one seized Kameras (No. 1) was seized against the victim B.

Reasons

Punishment of the crime

On January 13, 2012, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. by the Ulsan District Court on January 13, 2012 and completed the execution of punishment on March 7, 2013.

1. On November 21, 2015, the Defendant opened a door at the D church parking lot located in Yangsan-si, Yangsan-si, where the victim’s name was not corrected, and opened a door where the victim’s name was not corrected, and the Defendant stolen the victim’s name with one stringer located in that place.

2. On November 21, 2015, the Defendant opened a door that was not corrected for a FF car owned by the victim B on the road near Yangsan-si, Yangsan-si on November 21, 2015, and subsequently stolen the Defendant’s possession, namely, a carmera (market price of approximately KRW 135,000), and KRW 11,000 in cash.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Police seizure records;

1. Application of an inquiry letter, such as criminal history, and personal identification and acceptance status Acts and subordinate statutes;

1. Article 329 of the Criminal Act concerning the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment of concurrent crimes between both crimes and punishment provided for in larceny of paragraph (2) of the same Article), which are heavier in the context of concurrent crimes;

1. Reasons for sentencing under Article 333 (1) of the Return Criminal Procedure Act;

1. The recommended type of sentencing guidelines: The range of recommendations for the larceny against general property - the person subject to special sentencing - the person subject to aggravated punishment of general property - the person subject to aggravated punishment of like repeated crimes who do not fall under special circumstances (aggravating) - the person subject to general sentencing - the person subject to aggravated punishment from 10 months to 2 years (aggravating area): The person subject to aggravated punishment - the person subject to aggravated punishment - the person subject to aggravated punishment of the same criminal offense (less than 10 years after the completion of execution) who does not constitute a repeated offense: The recommendations for suspended sentence of the same criminal offense (less than 10 years after the completion of execution) - The person subject to aggravated punishment - The person subject to aggravated punishment - The person subject to aggravated punishment - the person subject to aggravated punishment - the person subject to aggravated general circumstances - the person subject to aggravated punishment - the person subject to aggravated punishment - the person subject to aggravated punishment of the crime at least twice.