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(영문) 울산지방법원 2014.04.17 2014고단595
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[criminal power] On August 17, 2012, the Defendant was sentenced to five years of suspension of execution to three years of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, at the Ulsan District Court, and the said judgment became final and conclusive on November 8, 2012 and is currently in the grace period.

On February 28, 200, the Defendant was sentenced to a fine of one million won for larceny, etc. at the Ulsan District Court on March 21, 2002 by the same court on March 21, 2002 to a suspended sentence of eight months for larceny, etc., and a fine of five hundred thousand won for larceny at the Ulsan District Court on July 10, 2006, respectively.

【Criminal Facts】

At around 10:15 on October 5, 2013, the Defendant: (a) committed a theft of the victims’ property on a total of nine occasions from the date of the following crime list to November 21, 2013; (b) committed a theft of the victims’ property on a total of three occasions from the date of the following: (c) the Defendant: (d) opened the car gate where the victim N, the business owner of the said telecom, was in a place where he was set up with the above information room; (d) opened the car gate; and (e) took the cash of KRW 60,000 and KRW 1,000,000 in the market value of the victims’ possession; and (e) committed a theft of the victims’ property on a total of three occasions by the victims; (e) did not have been attempted at the wind that was discovered by the victims.

Accordingly, the defendant habitually stolen or attempted the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of theO, P, and Q;

1. Written statements of N,O, Q, R, S, T, U,V, W, X,Y, and Z;

1. Previous records of judgment: Criminal history records, inquiry reports, investigation reports (Attachment to the judgment during the period of suspension of execution, previous records, and attachment of the judgment);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner;

1. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 330 of the Criminal Act concerning criminal facts and the choice of punishment.

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