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(영문) 울산지방법원 2019.05.24 2019고단1048
절도
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant became aware of the Victim C through “B”, a smartphone, and performed drinking at the victim’s house located in Ulsan-dong-gu, Ulsan-gu, around 02:00 on February 19, 2019.

The Defendant, between 03:00 to 05:00 on the same day, took advantage of the gaps that the victim was locked in the inside and outside of the mouth while under the influence of alcohol, carried out cash of 1,200,000 won from the bank of the victim who was inside and outside of the mouth.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A report on occurrence (thief) and each investigation report (Evidence Nos. 5, 10, 20, 30);

1. Application of Acts and subordinate statutes of each photograph (Evidence Nos. 4 and 6);

1. The relevant Article of the Criminal Act and Article 329 (Selection of Imprisonment) of the Criminal Act on the grounds of sentencing for the crime were committed, and the nature of the crime and the circumstances at the time of the crime are not good in light of the nature of the crime and the circumstances at the time of the crime, the amount of damage incurred by the crime in this case is not significant, and the cash that stolen after the crime in this case was used for living expenses, etc., the crime was heavy, since the victim did not agree with the victim or did not recover damage at all, the juvenile protective disposition and suspension of indictment were imposed several times for the same crime in the past, and on September 23, 2015, the Suwon District Court sentenced two years of suspended sentence for the same crime in the case of special larceny at the Suwon District Court sentenced on August 23, 2015, taking into account not only the possibility of criticism but also high risk of recidivism, the sentence of a sentence equivalent to the above crime is inevitable.

However, there are some circumstances that may be taken into account the circumstances of the crime, such as the fact that the defendant recognizes his/her own crime and is against himself/herself, and that he/she appears to have been leading to his/her life at the time, and that he/she has been growing in the poor family environment.

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