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(영문) 울산지방법원 2018.04.12 2018고단556

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 14, 2011, the Defendant was sentenced to six months in prison at the Ulsan District Court for intrusion on structures at night, larceny, etc., and was sentenced to eight months in prison at the same court on July 4, 2013. On October 16, 2014, the Defendant was sentenced to one year and six months in prison due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court on October 16, 2014, and was sentenced to one year and two months in prison at the same court on June 25, 2015. On February 4, 2016, the Defendant was sentenced to one year and two months in prison as a habitual larceny, and was sentenced to six months in prison at the Ulsan District Court on June 17, 2016 as a habitual larceny.

Around 00:50 on March 3, 2018, the Defendant entered the victim C, which was parked on the street 11, Dongdong-gu, Ulsan Metropolitan City 00:50, a 12-dong Do Do Do 12-dong Do Do Do Do, with the intention to steal money and valuables from the Do 5-dong Do Do Do Do 12-dong Do Do Do Do Do Do 12, on several occasions, but the Defendant was

Accordingly, the defendant committed a repeated crime even though he was sentenced to imprisonment more than three times due to larceny, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act concerning the crime committed;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act provides that the Defendant committed the instant crime during the period of the same repeated crime even though he/she had been sentenced to several times of larceny or habitual larceny. However, the instant crime did not cause particular injury to the victim through attempted crimes, and the victim does not want the Defendant’s punishment, taking into account the following factors: the Defendant’s age, occupation, sex, sex, family relation, living environment, circumstances leading to the crime, etc., and the conditions for sentencing indicated in the record, such as the circumstances after the commission of the crime, etc.