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Reasons
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(영문) 울산지방법원 2016.04.22 2016고합77
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2] On May 13, 1992, the Defendant was sentenced to a summary order of larceny from the Daegu District Court's branch of Kimcheon to the effect that he was sentenced to a suspension of execution of imprisonment for eight months; on March 13, 2001, by the Ulsan District Court's violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on December 19, 2004, in the same court, six months of imprisonment for larceny; on December 21, 2006, at the Daegu District Court's Daegu District Court's branch of Seoul District on July 3, 2009, the Defendant was sentenced to a summary order of larceny at the same court on August 12, 2009 to the effect that he was sentenced to a fine of two million won for attempted larceny; on August 24, 2009, the Defendant was sentenced to a summary order of larceny at the same court on August 15, 2015.

[2] On February 2, 2016, the Defendant: (a) in a customary market under the control of the Republic of Korea in Ulsan-gun, Ulsan-gun, U.S., U.S., U.S., 720, in a mountain-ro 720-ro; (b) in a cash owned by the victim C, who was faced with an article to commit fraud; (c) in a 150,000 won, cash owned by the victim C, and one copy of the resident registration certificate.

They go back.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by the victim C;

1. A protocol of seizure and a list of seizure;

1. Investigative reports (to hear statements from victims);

1. Investigation report (field CCTV verification investigation), ctv images, investigation report (on-site CCTV records, CDs and photo files);

1. Previous conviction: A reply to inquiry about criminal history, investigation report (a copy of the judgment and a report attached to the personal confinement status);

1. Habituality of the judgment: The Act and subordinate statutes that recognize dampness shall apply, in light of the records of each of the crimes in the judgment, the number of crimes, the frequency of crimes, and the fact that they repeatedly committed the crimes in this case under the several Acts and subordinate statutes within the short time after release.

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