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(영문) 울산지방법원 2016.09.29 2016고단2664
상습절도
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal record] On August 22, 2006, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny at the Seoul Southern District Court, and on June 5, 2009, the Defendant was sentenced to 4 months of imprisonment with prison labor for attempted larceny at the Incheon District Court Branch Branch Branch Branch of the Incheon District Court. On October 27, 2009, the Defendant was sentenced to 6 months of imprisonment with prison labor for larceny at the Incheon District Court Branch Branch Branch Branch of the Incheon District Court. On April 8, 201, the Defendant was sentenced to 1 year and 6 months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Ulsan District Court.

[2] On July 20, 2016, at the ground parking lot located in Ulsan-gu, Ulsan-gu, Ulsan-gu, Seoul-do, the Defendant opened a driver’s seat not corrected for the E-Stop motor vehicle owned by the victim D (W, 47 years old) and takes out KRW 30,000 in cash, including 10,00 won, 1,00 won, 1,000 won, 1,000 won, 5,00 won, and 5,000 won, which were located in the vehicle.

Before September 4, 2015 to August 1, 2016, a door of a vehicle not corrected over 13 occasions, such as the list of offenses, shall be opened between September 4, 2015 and around August 1, 2016, and the total amount of 1,312,00 won in cash owned by the victims in that door shall be collected.

There was no cash in either household or in the car, thus making an attempted attempt.

Accordingly, the defendant habitually stolen or attempted to steals the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, H, I, J, K, L, M, N,O, P, Q, and R;

1. Report on occurrence of each thief incident;

1. Images of each CCTV closure and other on-site photographs;

1. Previous convictions: Investigative inquiries about criminal history and court rulings;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, etc.;

1. Articles 332, 329, and 342 of the Criminal Act, previous larceny offenses on the grounds of sentencing of imprisonment with prison labor are also governed by the same number of laws and regulations, which do not discontinue crimes despite the number of times of punishment, the number of crimes is up to 13 times, damage or agreement is not reached, and the defendant's livelihood is supported even though they are living.

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