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(영문) 울산지방법원 2016.09.30 2016고단2869
상습특수절도
Text

Defendant

A Imprisonment with prison labor for a maximum term of one year and six months, a short term of one year, and a defendant B shall be punished by imprisonment for ten months.

(b).

Reasons

Punishment of the crime

Defendant

A on May 27, 2015, the Ulsan District Court sentenced a maximum of one year of imprisonment for habitual special larceny and nine months of imprisonment for a short term and completed the execution of a sentence on March 14, 2016.

On July 13, 2016, around 00:10 on July 13, 2016, the Defendants came to “F beauty room” in the operation of Ulsan-gu D Victim E. Defendant B, before the beauty room, seeing the network before the beauty room, Defendant A: (a) sticked the key in advance to the entrance entrance entrance hole; (b) opened a string door and opened it into the entrance, and cited KRW 50,000 in cash on the victim’s possession.

In addition, from around that time to August 12, 2016, the Defendants did not commit a total of KRW 1,986,000 over 15 times, as shown in [1] attached Table / [1], and did not commit a total of KRW 1,986,00 for the victims’ cash theft over 14 times, such as attached Table / [2]

As a result, the Defendants did not intend to steal the victims' property or to steal their property through habitually combining them, but did not commit an attempted crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Each written statement of G, H, I, J, K, M, M, N, P, Q, R, T, U, V, W, X, Y, Z, AA, AC, AC, AD, AE, AF and AG;

1. Police seizure records;

1. Each CCTV image;

1. Results of the search of prisoners, reports on investigation (verification of the same criminal record as the suspect A), criminal records, and the results of inquiry into criminal records;

1. Habituality: Application of Acts and subordinate statutes recognizing dampness in light of the records of crimes (defendant A), method of crimes, frequency of crimes, and repeated crimes of the same kind;

1. Articles 332, 332 (2), 332 (1), and 342 of the Criminal Act, inclusive, with respect to the facts constituting an offense (it shall also be included in a habitual special larceny);

1. Article 35 (Defendant A) of the Criminal Act for aggravated repeated crimes;

1. Articles 53 and 55(1)3 ( Defendants) of the Criminal Act for mitigation of small amount

1. Articles 2 and 60 (1) (Defendant A) of the Juvenile Act in an irregular manner;

1. Article 62 (1) of the Criminal Act (Defendant B) of the suspended execution;

1. The Criminal Act for the observation of protection;

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