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(영문) 울산지방법원 2017.08.22 2017고단2039
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On August 13, 2008, the Defendant was sentenced to imprisonment with prison labor for larceny for six months at the Ulsan District Court, and on May 12, 2009, the same court sentenced three years and six months, and on July 26, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the same court on July 26, 2013, and completed the execution of the sentence at the racing prison on December 13, 2016.

1. On January 17, 2017, the Defendant, on January 17, 2017, intruded into a warehouse operated by the victim D in Ulsan-gu, Ulsan-gu, by the victim D on January 17, 2017, through an open entrance, and cut off two slicks of the victim’s market price owned by the victim, which is 150,000 won.

2. On February 28, 2017, the Defendant: (a) committed theft and intrusion upon residence: (b) on February 28, 2017, when he came to the house of Victim F in Ulsan-gu, Ulsan-gu; (c) opened a first floor door; and (d) intrudes into the inside, and loaded one bicycle for white mountain use in an amount equivalent to 300,000 won at the market price of the victim’s possession, and loaded one set of white bicycle in an amount equivalent to 150,000 won at the market price in advance, with a single set of 150,000 won.

3. On March 16, 2017, the Defendant: (a) opened the first floor gate at around 16:00 on March 16, 2017 at the Victim H’s house located in Ulsan-gu, Ulsan-gu; and (b) intruded into it; and (c) opened three showers at which the market price of the victim’s ownership cannot be known by scambling the first floor aluminium door in his/her hand; and (d) laid down three times at which the Defendant’s market price cannot be determined by scambling it in his/her hand; and (c) cut off and stolen it into the ria

Accordingly, the Defendant, who was sentenced to imprisonment not less than three times due to larceny, committed larceny again within the repeated crime period, and invaded upon another person’s residence and structure.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, F and H;

1. All on-site and CCTV photographs;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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