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(영문) 울산지방법원 2020.04.09 2020고단58
절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 5, 2019, the Defendant was sentenced to ten months of imprisonment with prison labor for larceny, etc. at the Ulsan District Court, and was released on May 16, 2019 by the ruling of revocation of detention. On July 10, 2019, the above ruling became final and conclusive and completed the execution of the sentence on the same day.

On August 11, 2019, around 04:16, the Defendant: (a) confirmed that the door of the Eschtonton car owned by the victim D, parked at the same place, and opened the said door and entered the inside to put KRW 50,000,00, cash owned by the victim, which was the victim of the container, and stolen from that time until December 22, 2019, the Defendant stolen the total amount of 6,327,000 won owned by the victims by the same method, such as the list of crimes, from that time until December 22, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, F, G, H, I, J, K, L, M, and N;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the fact that the period of repeated crime of a suspect is in existence), and application of Acts and subordinate statutes to criminal investigation reports (Attachment to judgments of cases sentenced to imprisonment for the same kind of crime

1. Relevant Article 329 of the Criminal Act and the choice of punishment concerning the facts constituting an offense, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 (Determination of Punishment) thief (thief) thief (thief) thief) thief for general property thief [ second] - General thief (special stief) - mitigated element: Living-Aggravation element: Aggravation element: Same repeated crime not falling under specific crime Aggravated Punishment (reviment) - scope of recommendation area and recommendation range] mitigation area, 4 to 10 months (no general person) ;

B. Class 2 (Determination of thief) (Determination of thief)] thief (Type 2) - General thief (special stief) - mitigated element: Livelihood - Aggravation element: Specific crime Aggravated Punishment (Cumulative Crime).

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