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(영문) 울산지방법원 2016.10.11 2016고단2371
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On January 5, 2012, the Defendant was sentenced to five months of imprisonment with prison labor for larceny, etc. at the Ulsan District Court, and on August 14, 2013, the same court sentenced four months of imprisonment with prison labor for larceny, etc. and two months of imprisonment with prison labor for larceny. On June 26, 2014, the Gwangju District Court sentenced one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on November 11, 2015.

On June 6, 2016, at the “E” restaurant for the victim’s operation in Ulsan-gu, Ulsan-gu, 01:00, the Defendant stolen or attempted to steals the cash amounting to KRW 3,080,000,000 in total, from June 14, 2016 to July 14, 2016, the victim, after running his/her business, opened the door door door door of the said restaurant in his/her hand, and intruded into the restaurant, thereby leaving approximately KRW 100,000 in cash from the depository located on the knickter.

Accordingly, even though the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at least three times, he/she again intruded on another person's structure at night during the period of repeated crime, thereby theft or attempted to steals.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F, G, H, I, J, and K;

1. Each statement;

1. Records of seizure and the list of seizure;

1. Each investigation report and internal investigation report;

1. 12 reported case handling lists, reports on the results of field identification, and video data before and after committing a crime;

1. Each photograph;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the relevant criminal facts, Article 330 of the Criminal Act (a crime of intrusion on a night structure, larceny at night, and larceny at night), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 342 and 330 of the Criminal Act concerning the criminal facts;

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

1. Of concurrent crimes, the sentencing of the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act is as follows:

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