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(영문) 울산지방법원 2019.05.24 2019고합81
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On May 13, 1992, the defendant was sentenced to a suspended sentence of eight months for larceny in the Daegu District Court Kimcheon Branch of the Daegu District Court sentenced to one year and six months for the crime of larceny at the Ulsan District Court on March 13, 2001, sentenced to imprisonment with prison labor at the same court on December 19, 204, sentenced to six months for larceny by the same court on December 19, 2004, and stated in the bill of indictment as December 21, 2005, but in light of the record, it is deemed to be a clerical error and thus, it shall be corrected ex officio.

12. On July 3, 2009, the Daegu District Court sentenced one year and six months to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on July 3, 2009; on August 12, 2009, the same court was sentenced to a summary order of KRW 2 million for a crime of larceny; on August 29, 2013, the said court was sentenced to a fine of KRW 1 million for a crime of larceny; on January 22, 2014, the said court was sentenced to a summary order of KRW 1 million for a crime of larceny; on August 28, 2015, the said court was sentenced to a fine of KRW 1 million for a crime of larceny; and on April 22, 2016, the said court was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the said punishment on February 23, 2018.

【Criminal Facts】

1. A thief or attempted larceny on March 7, 2019;

A. At around 10:32 on March 7, 2019, the Defendant: (a) accessed the Ccafeteria in the Ulsan-gun B market; and (b) laid off the wall that contains KRW 80,000 in cash owned by the victim by inserting the cresh in the cresh of the victim’s snow by accessing the victim D; and (c) cutting down the wall that contains KRW 80,000 in cash belonging to the victim.

B. At around 10:49 on the same day, the Defendant sought to steal the victim’s property by putting the victim’s crepans by approaching the victim’s name and influences into the crepans, thereby cutting off the victim’s property. However, the Defendant did not bring the victim’s crepans by cutting the Defendant’s crepans, thereby having failed to bring the victim’s crepans into an attempted crime.

C. The Defendant, at around 10:53 on the same day, was the victim before F in the said B market.

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