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(영문) 울산지방법원 2018.03.16 2017고단3419
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Seized evidence 6 shall be confiscated.

Reasons

Criminal facts

【The Defendant was sentenced to a suspended sentence of 8 months for larceny, etc. at the Ulsan District Court on June 29, 2005, and was sentenced to a suspended sentence of 8 months for larceny, etc. at the same court on April 21, 2006, and was sentenced to a imprisonment of 8 months for larceny, etc. at the same court on October 11, 2007, and was sentenced to a imprisonment of 8 months for larceny by the same court on March 25, 2016, and completed the execution of the sentence at the Daegu Prison on March 21, 2017, by the same court on March 25, 201.

【Around 05:50 on July 28, 2017, the Defendant: (a) committed a crime committed with money and valuables worth KRW 2.480,000,000 in total, including the victim E’s Fenz car parked in a pay parking lot attached to the Ulsan-gu Seoul Metropolitan Government “D” restaurant; (b) and (c) the Defendant: (a) opened a door beneath the driver’s seat; and (d) opened a door beneath the driver’s seat; and (b) one bag of the processed dust amounting to KRW 1.8 million in the market price located in the front of the vehicle; and (b) one log of the processed excreta amounting to KRW 600,000 in the market price located in the said bank; and (b) 80,000,000 in cash.

Summary of Evidence

1. Legal statement of witness G;

1. Results of each CD verification by this Court;

1. Statement made by the police for E;

1. Police seizure records;

1. Photographs of the seized page, CCTV images of the crime scene, photograph of seized objects, photograph of the moving route after the crime, recent photograph of the movement route, and comparative photograph;

1. Investigation report (the details of the seizure of damaged articles);

1. A previous conviction: A reply to inquiry, such as criminal history, reporting on a previous conviction before and after each disposition, and applying Acts and subordinate statutes to search results of prisoners;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime committed;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The CCTV at the H parking lot, which was the basis of conviction under Article 48(1)1 of the Confiscation Criminal Act, contains damaged articles into the shopping bags of larceny test, and the crime scene is taken. However, the shape of the offender is small and it is not easy to distinguish it by itself.

2.1.2

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