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(영문) 울산지방법원 2019.10.25 2019고단1693

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

[criminal power] On August 17, 2018, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny at the Ulsan District Court, and on December 18, 2018, the Ulsan District Court completed the execution of the sentence.

【Criminal Facts】

The defendant, while living a old-age house after being released from prison, was unable to live, and sentenced to theft of things from a vehicle parked in an alley.

On May 7, 2019, at around 01:38, the Defendant opened a door that was not corrected by the victim C in front of the Ulsan-gu B lending, and entered the said vehicle with the cash of 7,750 won owned by the victim and stolen the vehicle from around 01:26 to 01:38 on May 7, 2019, the Defendant did not commit an attempted crime by entering the victim’s vehicle in a total of 10 times, as indicated in the separate crime list, or entering the victim’s vehicle in the same manner as indicated in the separate crime list from around 01:26 to 01:38.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of C and F;

1. Each report on investigation;

1. Records of seizure and the list of seizure;

1. Comprehensive details of each vehicle;

1. Each photograph (Evidence Nos. 5, 6, 12);

1. Previous records of judgment: Criminal records, investigation reports (Attachment to previous records of the same offense, previous records of repeated crimes, etc.), copies of judgment, and application of Acts and subordinate statutes concerning personal confinement;

1. Relevant Articles 342 and 329 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the crime of this case committed on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act does not lead to an attempted crime in the case of a vehicle in which the knife of a vehicle parked on the alleys of the drones at night, left the vehicle in which the knife of the vehicle is cut off, and the next door is not corrected, and the vehicle in which the knife is carried with cash owned by the victim, or where the next door is corrected.