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(영문) 울산지방법원 2018.03.29 2018고단283
상습야간주거침입절도
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On February 22, 2011, the Defendant was sentenced to a fine of KRW 500,00 for larceny at the Busan District Court on November 16, 201, to a fine of KRW 200,000, to a fine of KRW 500,000, and to a fine of KRW 6 months for night residence intrusion larceny at night at the Daegu District Court on November 16, 2012, and to a fine of KRW 6 months on November 4, 2014. On January 13, 2016, the Defendant was sentenced to imprisonment for night residence larceny at night at the Changwon District Court on January 13, 201 and completed the execution of the sentence on February 9, 2017.

On January 24, 2018, at around 01:26, the Defendant was in front of the “E” restaurant operated by the victim D in Yangsan-si, Yangsan-si, and was stolen with cash worth of KRW 500,000 (the victim’s possession) located in the cafeteria.

From around that time to January 28, 2018, the Defendant habitually intruded on restaurants, etc. located in the Ulsan Metropolitan City and Busan Metropolitan City on a total of 41 occasions, and attempted to steals or steals property worth KRW 7,358,000 from around that time to around January 28, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of the victims (No. 3, 14, 18, 23, 24, 31, 35, 40, 46, 47, 52, 59, 63, 67, 75, 79, 83, 87, 91, 95, 99, 103, 107, 1115, 119, 123, 128, 132, 136, 140, 145, 156, 150, 159, 163, 168, 178, 178, and 182);

1. Symography photographs;

1. Previous conviction: A written reply to inquiry, such as criminal history;

1. Habituality: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been systematically repeated;

1. Articles 332, 330, and 342 of the Criminal Act, inclusive, with respect to the relevant facts of a crime;

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

1. The conditions favorable to the defendant shall be as follows:

In depth, one's own crimes are divided.

2. The circumstances disadvantageous to the defendant shall be as follows:

Not only has been punished several times for the same crime, but also is the period of repeated crime.

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