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(영문) 울산지방법원 2016.11.25 2016고단2399
절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 13, 2016, around 09:56, around May 13, 2016, the Defendant discovered a victim B (n, 49 years old) car that was parked in the parking lot of the Ulsan National Welfare Center in the area of the 144 Ulsan National Welfare Center, Nam-gu, Ulsan Metropolitan City.

The Defendant opened a driver's seat in a vehicle and stolen the victim's cash amounting to KRW 430,000 on the vehicle by using the bags prepared in advance for the gaps in the surrounding area.

2. On May 24, 2016, around 11:30 on May 24, 2016, the Defendant discovered the victim D (n, 50 years of age) who was parked in the parking lot for the 849 Yangsan Sports Complex, as Yangsan-si, Yangsan-si.

The Defendant opened a car driver's seat and stolen the victim's cash amounting to KRW 550,00,00 in the vehicle by using the bags prepared in advance for the gaps in the surrounding area.

3. Around May 27, 2016, the Defendant found the Victim G (V, 29 years old) parked on the front road of Ulsan-gu, Ulsan-gu, Seoul-gu, about 16:56 on May 27, 2016.

The Defendant opened a car driver's seat and stolen the victim's cash 143,000 won in the vehicle by using the bags prepared in advance for the gaps in the surrounding area.

Accordingly, the Defendant stolen cash of 1,123,000 won in total over three times.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement B and D;

1. A report on investigation (in relation to CCTV investigations and specific circumstances, etc. of the suspect due to escape of the suspect), and a report on internal investigation;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant Articles of the Criminal Act and Article 329 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment of concurrent crimes as provided for in paragraph (2) of the same Article concerning the largest crime), among concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Reasons for sentencing (Article 48 (1) 1 of the Criminal Act) of the Criminal Act (Article 48 (1) 1 of the Aggravated Punishment, and Article provided to a criminal act);

1. The recommendation type of the sentencing criteria;

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