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(영문) 울산지방법원 2015.06.17 2015고단923
절도등
Text

A defendant shall be punished by imprisonment for one year.

The seized evidence shall be confiscated by the accused respectively.

Reasons

Punishment of the crime

On May 15, 2012, the Defendant was sentenced to two years of imprisonment with prison labor in Busan District Court on the charge of property transfer, etc., and completed the execution of the sentence in the port prison on March 15, 2015.

1. On April 1, 2015, the Defendant was removed by using a cutting machine prepared in advance for the front and rear number plate of the E-car owned by the victim C, which was parked in Ulsan-si, Ulsan-si around 06:00.

Ultimately, the Defendant stolen the victim C’s property.

2. Around 02:08 on April 2, 2015, the Defendant: (a) opened a tample installed on the wall of the building of the G, Ulsan-gu, Ulsan-gu, and prepared in advance, opened a tample to the wall of the building of the G, and intruded into the Schlage, and then used approximately 350 cigarettes of tobacco amounting to KRW 1,575,000 at the market price of the victim H owned by the Defendant, and 10,000 at the market price.

After all, the Defendant, at night, stolen the property of the victim by damaging the door, the wall, and a part of the structure and infringing on the residence of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Each statement of H and C;

1. On-site photographs, CCTV photographs, CCTV photographs, J CCTV photographs, K CCTV photographs, and peripheral CCTV photographs;

1. Each protocol of seizure;

1. Previous records of judgment: Criminal history records, investigation reports (verification of the date of release of a suspect and the details of the same or similar punishment), detention status, application of Acts and subordinate statutes of a judgment;

1. Relevant Article 329 of the Criminal Act and Article 331 (1) of the Criminal Act (the point of larceny and the choice of imprisonment with prison labor) that apply to criminal facts;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Reasons for sentencing of Article 333(1) of the Criminal Procedure Act for the return of victims to the victim (Article 333(1) of the Criminal Procedure Act (Article 33(2) / [Scope of Recommendation] 4 types of larceny in general property (Article 8-1 year and June) (Special Mitigation).

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