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(영문) 울산지방법원 2019.02.15 2018고합202
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On September 27, 2013, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Ulsan District Court on December 17, 2015, sentenced to one year and one year of imprisonment with prison labor for habitual larceny, etc. at the same court on December 17, 2015, and on February 3, 2017, the same court was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes,

【Criminal Facts】

1. At around 15:00 on July 26, 2018, the Defendant: (a) took cash 30,000 won in the ownership of the victim, which was kept in front of a kitchen located in Ulsan Central-gu B; and (b) operated by the victim C, and stolen it.

2. On July 28, 2018, at least 14:30 on July 28, 2018, the Defendant: (a) went in front of the G restaurant operated by the Victim F in Ulsan-gu, Ulsan-gu; (b) opened a cafeteria and entered the cafeteria, and intrudes into the cafeteria; and (c) cut off, with the cash equivalent to KRW 3.50,000,000, which was the victim’s possession; (d) cash equivalent to KRW 180,000,000, KRW 180,000,000, KRW 2,000,000, and 18K.

3. On July 31, 2018, around 10:15, the Defendant ordered the victim’s food to a “J” restaurant operated by the victim I, and subsequently stolen the victim’s K passbook owned by the victim and the amount of KRW 176,00 in cash.

4. At around August 18, 2018, the Defendant: (a) cut off the victim M’s main points located in Ulsan-gu L, Ulsan-gu, Ulsan-gu L; (b) cut off the victim’s cell phone case where the victim was charged with an amount of KRW 30,00 from his/her cell phone case, which was on his/her table, in order to respond to the customers on other tables; and (c) cut off the victim’s cell phone card with an amount of KRW 30,00.34.

Accordingly, the defendant was sentenced to imprisonment not less than twice for habitually committing larceny, and is within three years after the execution of the sentence is completed.

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