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(영문) 울산지방법원 2018.02.02 2017고합350
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

【The Defendant was sentenced to one year and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the field of interest support by the head of the Gwangju District Court on February 7, 2013, and on July 10, 2015, on September 25, 2017, the Defendant was sentenced to two years and six months of imprisonment with prison labor for habitual night structure intrusion larceny at the Ulsan District Court and completed the execution of the sentence on September 25, 2017.

[Criminal Facts]

1. On October 21, 2017, the Defendant: (a) opened a door of the victim C’s low-income motor vehicle parked in the E-way way located in Ulsan-dong, Ulsan-gu, Ulsan-gu, Seoul-do; and (b) removed KRW 1,80,000,00 in cash, owned by the victim, from the place where the door was not set up; (c) the Defendant committed the crime against the victim C;

They go back.

2. On October 21, 2017, around 01:04, the Defendant committed a crime against the Victim F with the intent to steals the property located in the victim F, which was parked at the front of the Cho-gu, Ulsan-dong, Ulsan-gu, 39, with the intent to steals the property located in the sapon car of the victim F, which was parked at the front of the Cho-gu, Ulsan-dong, Ulsan-gu, Seoul-do, and the Defendant attempted to commit a crime against the victim F. However, the Defendant did not have the intent to commit the crime with the wind where the said car door is set off.

3. On September 29, 2017, around 01:45, the Defendant: (a) opened a door of the victim G with the low-priced typ of the victim G parked on the 11-lane 243 road in Ulsan-dong, Ulsan-gu, Ulsan-gu, Ulsan-do and opened a door of the victim G, and carried 30,000 won in cash owned by the victim, which was located in the container wreg.

As a result, the Defendant was sentenced twice or more due to the crime of habitual night structure theft and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the thief) and was sentenced to imprisonment, and again, attempted to steal the victim C and G property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C, F, and G preparation;

1. A protocol of seizure and a list of seizure;

1. Previous Records and habituality of the judgment: The references to inquiries, such as criminal history, text of the judgment, investigation report (the confirmation of the previous records and the repeated crime and the confirmation of the progress of the trial), the current status of the acceptance of each individual, etc.

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