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(영문) 울산지방법원 2018.11.30 2018고단3097
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On November 17, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. at the Changwon District Court Branch Branch of Msan Branch, and was sentenced to ten months of imprisonment with prison labor for larceny, etc. at the same court on November 22, 2016, and on November 30, 2017, the Defendant completed the execution of the sentence on September 2, 2018, by being sentenced to one year of imprisonment with prison labor for larceny, etc. at the Seocheon Branch of the Gwangju District Court.

[Criminal facts]

1. On October 13, 2018, the Defendant: (a) committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) around October 13, 2018 on the Aggravated Punishment, etc. of Specific Crimes (thief) at a “E” restaurant operated by the victim D in Ulsan-gu, Ulsan-gu; (b) thereby, the Defendant stolen an amount equivalent to KRW 100,000,000 in cash owned by the victim, which was entered the victim’s cre in the rest of the cre in the front line of the front line.

Accordingly, the defendant committed the larceny during the period of repeated crime even though he was sentenced to imprisonment more than three times for the larceny crime.

2. On October 22, 2018, the Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and intruded on a structure, committed a theft with the sum of cash owned by the victim, which was located in the said gate in Ulsan-gu, U.S., U.S., on October 22, 2018, by opening a entrance at a “H” restaurant operated by the victim G, who was in the North Korea-gu, Ulsan-gu, U.S., and did not correct the theft of money and valuables.

Therefore, the defendant, even though he was sentenced to imprisonment more than three times due to the theft crime, has committed larceny by intrusion upon a structure managed by the damaged person during the repeated crime period.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement of G and D;

1. Records of police seizure, list of seized articles, and photographs of seized articles;

1. One copy of the investigation report (the form of the defendant at the time of taking the police station in custody) and CCTV files;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, each investigation report (the confirmation report of the same type of force), confirmation report of repeated crimes, and the latest previous convictions and reports);

1. Criminal facts;

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