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(영문) 울산지방법원 2019.10.18 2019고단3511
특정범죄가중처벌등에관한법률위반(절도)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The seized Ambamblings (No. 1) shall be returned to the victim S.

Reasons

Punishment of the crime

[criminal power] On April 24, 2009, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the Ulsan District Court, on October 18, 2012, and was sentenced to six months of imprisonment with prison labor for a special larceny in the same court on September 7, 2017. On March 23, 2018, the Defendant was sentenced to ten months of imprisonment with prison labor for a special larceny in the same court on September 7, 2017 and completed the execution of the sentence in the port prison on March 23, 2018. The Defendant appealed one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Traffic Accidents on August

(2019No931) / [Criminal Facts]

1. From July 4, 2019 to 22:00 on July 4, 2019, the Defendant stolen property worth KRW 86,000,00, total market price of KRW 10,000,00, including the act of cutting off and theft of scrap metal at the market price of KRW 10,00,00, such as a paint for spraying agrochemicals collected by U from Yangsan-si. In addition, from around 21:0 to July 23, 2019, the Defendant stolen property at the market price of KRW 86,00,00 from around 6 times to around 20,00.

Accordingly, the defendant has been sentenced to imprisonment more than three times with prison labor due to theft, etc., but theft is committed again during the repeated crime period.

2. The Defendant violated the Road Traffic Act (unlicensed driving) from July 4, 2019 to July 21, 200, the Defendant driven the above truck without obtaining a driver’s license from the Defendant’s office located in Yangsan-si to 22:00 again, from the Defendant’s office located in Yangsan-si to the office of the above Defendant via T-si roads in approximately 5 km to the above Defendant’s office, and driving the H one ton of the loaded truck without obtaining a driver’s license from around that time to July 24, 2019, as shown in attached Table 2 of the List of Offenses.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement of each police officer against W/X;

1. Each statement of Y, Z, AA, AB, U, and S;

1. Register of automobiles and the register of driver's licenses;

1. Records of seizure, lists of seizure, photographs of seized articles (pre-post records) and inquiries, such as criminal records, and the status of personal confinement;

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