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(영문) 울산지방법원 2017.08.23 2017고단1975
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On August 14, 2007, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Busan District Court; on November 13, 2009, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. on January 14, 201; on January 14, 2011, the same court was sentenced to one year and six months of imprisonment with prison labor for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes; on January 22, 2014, the same court was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; and completed the execution of the sentence in a prison on December 17, 2015.

1. On January 6, 2017, at around 00:40, the Defendant left the “D parking lot” ticket located in Ulsan Jung-gu, Ulsan-gu, and the victim E, who is a management employee of the parking lot, left the parking lot, was willing to steal cash in a depository located in the above ticket, carried the window of the above ticket with a stone with a stone straw, carried the straw with a stone with a stone straw, and forced the Defendant to carry 10,000 won in cash owned by the victim.

2. On May 12, 2017, at around 04:20 on May 12, 2017, the Defendant: (a) when the Victim F, who is a parking lot management employee, went out of the Republic of Korea at the same place as the above 1. Paragraph 1., the Defendant intruded into the above ticket and carried 4,000 won in cash owned by the victim in his/her safe location.

Accordingly, the Defendant, who was sentenced to imprisonment more than three times due to larceny, committed such special larceny within the repeated crime period.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Scenes of on-site photographs and CCTV screen images;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, a report on the result of confirmation of the previous conviction before and after the disposition, and the text of judgment, investigation report (Attachment to the personal confinement status

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331 (1) and Article 330 of the Criminal Act concerning the crime as prescribed in the corresponding Act;

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. Reduction of volume (the following grounds for sentencing)

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