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(영문) 울산지방법원 2017.03.28 2017고단379

절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

On July 22, 2015, the Defendant was sentenced to one year to four months of imprisonment for larceny at the Ulsan District Court, and was sentenced to eight months of imprisonment for larceny at the Ulsan District Court on November 27, 2015, and the judgment became final and conclusive on February 13, 2016, the sentence of the said suspended sentence becomes null and void. On July 19, 2016, the Defendant was a person who completed the execution of the said final sentence at the Gamyang Detention House on July 19, 2016, and was serving as an employee from January 2017 to Ulsan District Court’s “Escamba” in the “Escamba” operation of the Victim D in Ulsan-gu, Ulsan District Court.

On January 20, 2017, from around 03:35 to 04:10 on the same day, the Defendant taken off the amount of KRW 1,570,000,000, in cash within the Umix, and KRW 470,000,000,000,000,000 from around 03:35 to 04:10 on the same day, and the difference between the Defendant and the Defendant, in which the victim did not dispose of the goods, in cash in the Umix; and

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on damage;

1. Each investigation report [Attachment of CCTV photographs with which the criminal intent of the suspect is confirmed], (Access to Investigation of Victims: Confirmation of Damage Amount), ( specific intent to commit a crime), and (Confirmation of Damage Amount to Victims)];

1. Previous convictions in judgment: A criminal investigation report (verification of such past records, etc.), references to inquiries, such as criminal history, and application of Acts and subordinate statutes on the personal confinement status;

1. Relevant Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The scope of applicable sentences under law: Imprisonment for one month to 12 years; and

2. Application of the sentencing criteria [Scope of Recommendation] Habitual offense not falling under the aggravation of specific crimes (special aggravated) in the area of aggravated punishment (10 months to 2 years) for the theft of general property.

3. The defendant committed the crime of this case under the same law as the previous one within six months after the release of the defendant, and did not agree with the victim, and did not believe that the victim employed himself. However, the defendant was in a separate investigation procedure for the friendship district.