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(영문) 울산지방법원 2017.11.10 2017고합270
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for three years.

Seized evidence 1 to 4 shall be confiscated.

Reasons

Punishment of the crime

[criminal history] On January 21, 2010, the Defendant was sentenced to one year and six months by 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, and on August 20, 2015, the Defendant was sentenced to two years by imprisonment with prison labor for habitual special larceny at the Ulsan District Court, and completed the execution of the sentence in a vocational training prison on June 3, 2017.

[Criminal facts] After being released on June 3, 2017, the Defendant returned to the PC room, soup, soup, etc. without any special profits, and committed so that money and valuables may be stolen by intrusion into a restaurant at the heart to prepare living expenses.

On July 25, 2017, at around 03:00, the Defendant: (a) cut off the glass part of the window on the side of the kitchen opened by the victim D, which was held in the Southern-gu, Ulsan-gu, Seoul-gu, using the OOOOO restaurant; (b) cut off the window through the crepan; and (c) cut off the boom and half of the market price owned by the victim during the restaurant, where the market price in the restaurant cannot be known through the window; and (d) from around June 15, 2017 to August 28, 2017, the Defendant entered the victim’s building at night on nine occasions in the list of crimes; (b) cut off the property by destroying a part of another’s building at night; and (c) cut the property at night or entered the place of each of the instant crimes into the 8 times of intrusion upon the building at night; and (c) stated the frequency of each of the crimes in the attached Form “within eight times”.

Intrusiond on three occasions by the same method, but it did not have any object to be stolen or have not been done with the wind that the victim is dismissed.

Accordingly, the defendant is habitually guilty of special larceny, etc. twice.

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