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(영문) 울산지방법원 2016.08.09 2016고단1958
상습절도
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized Nos. 1, 3, and 6 shall be returned to the victim's name who has not been injured.

Reasons

Punishment of the crime

On July 16, 2009, the Defendant was sentenced to a summary order of KRW 1 million for larceny, and on April 1, 201, the Defendant was sentenced to a suspended sentence of KRW 2 million for ten months in imprisonment with prison labor for night-time structure intrusion larceny at the Ulsan District Court on April 4, 201, and was sentenced to a summary order of KRW 2 million for larceny at the Ulsan District Court on April 24, 201, and on April 24, 201, the Defendant was sentenced to a suspended sentence of KRW 8 months in imprisonment with prison labor at the Ulsan District Court on August 5, 201, and on November 22, 2016, the suspended sentence was revoked and the execution of each sentence was terminated on January 22, 2016.

On June 16, 2016, the Defendant: (a) taken away another person’s goods from the time of theft by taking the victim’s name, in the site of construction of a new building located in Busan East-gu, Busan-gu, the Defendant attempted to steal or steal three victim’s property at least six times in total, as indicated in the list of crimes, from June 16, 2016 to June 16, 2016.

Accordingly, the defendant habitually stolen another's property five times, and attempted to steals another's property over a single time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Protocols of seizure, list of seizure and evidence of seizure;

1. Reports on internal investigation and investigation reports;

1. 112 A list of reported cases;

1. Each photograph;

1. References to inquiries, such as criminal history, and the acceptance status of each individual;

1. Habitualness: Application of Acts and subordinate statutes recognizing the habit of theft in light of the past records of each crime, the number of crimes, the frequency of crimes, etc.;

1. Articles 332, 329, and 342 of the Criminal Act, inclusive, with respect to the facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Article 333(1) of the Victim Return Criminal Procedure Act has the record of having been punished for the same kind of crime several times, and similar crimes are committed again within the short time after the execution of punishment is completed due to the same kind of crime.

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