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(영문) 울산지방법원 2016.06.27 2016고정434

절도

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal records] On December 17, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for habitual larceny, etc. in this court, and the judgment was finalized on March 2, 2016.

[2] On June 13, 2015, the Defendant, within the convenience store located in Ulsan-gu, Ulsan-gu, Seoul-gu, around 05:35, 2015, stated that “The Defendant has exchanged one cigarette by a horse” to the victim D, who is a part-time knife, by making use of the gap where surveillance was neglected, such as finding receipts, shall deduct 16,000 won in cash located in the Handphone case owned by the victim, which is located in the victim’s Handphone case, by hand.

As a result, it was stolen in a way that would bring about it.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Previous convictions: References to inquiries, such as criminal history, inquiries about summary of the case, and application of each of the court rulings (No. 2015 No. 1610, 2015, 2210, 2210);

1. Article 329 of the Criminal Act concerning the crime;

1. Selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (such as the fact that the amount of damage is minor and the fact that the same shall apply to cases where a judgment is rendered simultaneously with habitual larceny, etc. in the judgment that became final and conclusive);