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(영문) 울산지방법원 2020.10.15 2020고단3462

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On August 10, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Ulsan District Court, which was revoked on May 19, 2017. On July 6, 2017, the same court was sentenced to three months of imprisonment with prison labor for larceny, etc. and six months of imprisonment with prison labor, etc. on July 6, 2017. On December 21, 2018, the Defendant was sentenced to four months of imprisonment with prison labor for larceny and completed the execution of the said sentence in the Ulsan District Court on April 21, 2019.

【Criminal Facts】

1. The Defendant, around 03:45 on July 3, 2020, carried out KRW 150,000,000 in cash owned by the victim B, from the wall of the victim, who was parked by the victim B in front of the D in Ulsan-gu, Ulsan-gu, Seoul-do.

As a result, the Defendant was sentenced to imprisonment not less than three times with prison labor for the crimes of Articles 329 through 331 of the Criminal Act or the attempted crimes thereof, and subsequently stolen the victim’s property within three years after the completion of the last execution of the sentence.

2. On July 17, 2020, around 03:00, the Defendant: (a) opened an unlocked door of the INS car parked by the victim F in the H parking lot located in Ulsan-gu, Jung-gu, Ulsan-si; (b) discovered the victim’s stolen objects; (c) discovered the victim’s discovery, which caused confusion with the AV car; and (d) went out of the site.

As a result, the defendant was sentenced to imprisonment not less than three times with prison labor for the crime or attempted crime of Articles 329 through 331 of the Criminal Act, and tried to steal the property of the victim again within three years after the execution of the last sentence was completed, and attempted to steal the property of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B and F;

1. On-site reports - Confirmation of CCTV images - Confirmation of CCTV images - Confirmation of taxi transport information and fingerprints assessment results;

1. Each photograph;

1. Criminal records, current status of personal confinement, and application of applicable statutes of each judgment;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes