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(영문) 울산지방법원 2019.08.13 2019고단2092
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On March 26, 2015, the Defendant was sentenced to one year and six months of imprisonment with prison labor for larceny, etc. at the Ulsan District Court on December 20, 2016, and one year and six months of imprisonment with prison labor for the same crime in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny), etc. at the same court on December 20, 2016, and one year and one year and one year of imprisonment with prison labor for the same crime at the Changwon District Court smuggling Branch on July 5, 2018, and the execution of the sentence was completed on May 12,

【Criminal Facts】

"2019 Highest 2092"

1. On May 31, 2019, at around 15:38, the Defendant, at the parking lot of “D building” located in Ulsan-gu, Ulsan-gu, Seoul-gu, the victim, who was in his custody, stolen one horse flab amounting to KRW 100,00,00 in the market price of the victim’s possession, which was in his custody, from then on June 10, 2019, brought about a theft of another person’s property worth KRW 720,000,000 in total market price over three occasions, as indicated in the annexed crime list, from the time on June 10, 201

Therefore, even though the defendant was sentenced to imprisonment more than three times due to larceny, he stolen another person's property within the repeated crime period.

"2019 Highest 2278"

2. The Defendant, at around 15:35 May 18, 2019, committed larceny again within the repeated period, by taking advantage of the gaps in which the victim F, who is an employee of the above apartment complex management office, neglected to exercise due diligence, in a collection site of the apartment, the Defendant: (a) who was sentenced to imprisonment not less than three times with prison labor due to larceny, etc.; (b) committed larceny; and (c) committed larceny again within the repeated period.

Summary of Evidence

"2019 Highest 2092"

1. Defendant's legal statement;

1. Written statements of G, H and C;

1. The closure photographs of each CCTV image to the extent of 2019 high-class 2278";

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. A written statement;

1. Application of Acts and subordinate statutes to inquiries about criminal records, etc. (the fact that he/she has been sentenced to imprisonment not less than three times with prison labor due to larceny, etc. and the fact that he/she is being serving as a repeated offender);

1. Criminal facts;

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