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(영문) 울산지방법원 2013.07.18 2013고단2096
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 17, 2010, the Defendant was sentenced to a suspended sentence of ten (10) months with prison labor due to night-time intrusion, larceny, etc. at the Ulsan District Court, and on February 25, 2010, the above judgment became final and conclusive. In addition, on December 23, 2009, the Defendant was also subject to a disposition to transfer juvenile protection cases from the Ulsan District Prosecutors' Office to the Juvenile Department through night-time intrusion and larceny; on September 16, 2010, the Ulsan District Court rendered a decision to transfer the case to the Juvenile Department through night-time intrusion of structure, larceny, etc.; and on October 21, 2010, the Defendant was subject to a suspended sentence of imprisonment with prison labor from the Ulsan District Prosecutors' Office as larceny.

In order to raise living expenses, etc. while coming out and living without any special occupation, the defendant has stolen things in a restaurant, etc.

1. Around 02:00 on April 6, 2013, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (thief) violated the Aggravated Punishment, etc. of Specific Crimes (thief) and stolen 60,000 won in cash, which is the victim’s ownership, and 10 deposit passbooks where the market price cannot be known, upon intrusion on the Ecafeteria operated by the victim D in Yangsan-si.

In addition, from around that time to May 20, 2013, the Defendant had a total amount of 5,313,00 won of the market price over 17 times, as shown in the annexed Table 1, 2, from around that time to around May 20, 2013, and habitually stolen the victims’ property.

2. At around 05:10 on May 7, 2013, the Defendant used a stolen credit card by inserting a new card (I) in the H’s name, as described in the No. 8 of the List of Crimes, at G convenience stores located in Ulsan-gu, Ulsan-gu, by inserting a new card (I) in the name of H, which was stolen, as described in the No. 1 of the List of Offenses 8, and withdrawing cash service amounting to KRW 300,000,000,000 in cash, as described in the attached Table 2 of the same day.

Summary of Evidence

1. The defendant;

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