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(영문) 울산지방법원 2017.04.28 2016고합435
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] On May 4, 2012, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Ulsan District Court on May 4, 2012, and on October 15, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual larceny at the Ulsan District Court on October 21, 2015 and completed the execution of the sentence in Busan Prison on June 21, 2016.

[2] On September 2, 2016, at around 09:19, the Defendant: (a) stolen in a way that the victim G in Gyeyang-si F, “H Et”, which was managed by the victim G, with a total sum of KRW 1,320,419, totaled 20 times, from that time, the Defendant stolen, by hiding two compacts with the market price of KRW 100,000, which was displayed at the refined cop, into dancing; (b) and (c) thereby cutting down, from that time until December 2, 2016, 200, a total of KRW 1,320,419, as indicated in the List of Crimes.

In the end, the defendant was sentenced twice or more to larceny, and habitually commits larceny within three years after the execution of the punishment is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Each statement in J, G, K, L, M, N,O, and P;

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

1. Inquiry into each CCTV photograph, receipt, or sale;

1. Previous convictions in judgment: Court rulings, summary orders, personal confinement status, personal criminal records, and inquiry reports, and investigation reports (list of evidence Nos. 29);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act, inclusive, with respect to the relevant criminal facts;

1. Article 35 of the Criminal Act for aggravated repeated crimes (with regard to a criminal record of habitual larceny in a judgment that completed the execution of punishment on June 21, 2016)

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the two types of larceny under the Specific Crimes Aggravated Punishment Act (Habitual larceny).

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