(영문) 울산지방법원 2012.05.03 2012고단920

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(영문) 울산지방법원 2012.05.03 2012고단920

특정범죄가중처벌등에관한법률위반(절도)

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 30, 2010, the Defendant sentenced the Ulsan District Court to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on July 18, 201.

At around 02:50 on March 9, 2012, the Defendant: (a) discovered that, on the street in front of the Ulsan-gu Newdong-dong 55-15 (jum), the Defendant had attempted to steal money and valuables in the vehicle; (b) discovered that the door of the passenger car owned by the victim V parked in that place was not locked; (c) opened a driver’s seat in his hand and opened into the entrance, followed the inside of the vehicle, but failed to find stolen things, such as money and valuables.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning V;

1. The criminal place;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (examination as to whether such records are attached to the same criminal records and repeated crimes);

1. Relevant Article 342 of the Criminal Act and Articles 342 and 329 of the Criminal Act, the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated offenders: (a) the Defendant committed the instant crime within a repeated crime period of not more than one year after having completed the final sentence with respect to the same kind of crime; (b) even before the completion of the execution of the said final sentence, the Defendant committed the instant crime; and (c) even before the completion of the said final sentence, the Defendant did not seem to have been able to engage in similar crimes; and (d) considering the fact that the instant crime was committed against the attempted crime, it is necessary to punish the Defendant.

However, the punishment as ordered shall be determined in consideration of the fact that the crime of this case was committed once, there was no substantial damage, the fact that the defendant divided his mistake, and all of the sentencing conditions shown in the proceedings of the pleading of this case.

Division of Non-Offense

1. The summary of the facts charged is habitually and habitually, the Defendant followed the inside of the vehicle with the intent of larceny, such as the statement of the facts charged, but did not find any stolen objects such as money and valuables, and thus attempted.

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