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(영문) 울산지방법원 2014.05.16 2014고합85
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On June 29, 2005, the Defendant was sentenced to a suspended sentence of 8 months in the Ulsan District Court for larceny, etc. on April 21, 2006, and was sentenced to a prison term of 8 months in the Ulsan District Court for larceny, etc. on October 11, 2007, and was sentenced to a fine of 6 million won in the Ulsan District Court for attempted larceny. On February 13, 2009, the Defendant was sentenced to a fine of 6 million won in the Ulsan District Court for attempted larceny. On April 30, 2010, the Defendant was sentenced to a prison term of 1 year and 6 months in the Ulsan District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., on July 6, 2012, and the judgment was finalized on July 14, 2012.

【Criminal Facts】

On March 14, 2014, at around 03:00, the Defendant discovered that the victim E her personal body walked a d'D' restaurant located in Ulsan-gu C, Ulsan-gu, and followed the victim, the Defendant: (a) laid the victim’s cell phone in front of the instant restaurant; (b) 100,000,000 won of the market price, which is the victim’s possession on the left shoulder; and (c) 100,000,000 won of the market price, which includes the victim’s wall, cash, resident registration certificate, credit card four pages, etc., she set up a 90,000,000 won of the market price of the victim’s possession in his hand; and (d) her cell phone 1,000,000,000 won of the market price of the victim’s possession in his hand.

As a result, the defendant was sentenced to two or more penalties for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and habitually stolen the victim's property within three years after the execution is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. Records of seizure, list of seizure, stolen goods, and photographs of the defendant;

1. An investigation report, CCTV photograph, investigation report (request for electronic identification), investigation report, fingerprint identification of a theft case, fingerprint identification, and cellular phone of the victim in an investigation report;

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