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(영문) 울산지방법원 2019.07.05 2019고단1227
절도등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On June 4, 2015, the Defendant was sentenced to a suspended sentence of one year and four months for habitual special larceny at the Cheongju District Court, and on January 14, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. at the same court, which became final and conclusive on May 23, 2016. Accordingly, the sentence of the suspended sentence became void and the execution of the final sentence was completed on December 14, 2018.

【Criminal Facts】

1. At around 01:45 on March 8, 2019, the Defendant: (a) opened a driver’s seat, which was parked at the ground parking lot of the building B in Ulsan-gu, Ulsan-gu, and attempted to steals money and valuables inside the vehicle, which was not corrected by the victim C; (b) but did not receive stolen objects, and (c) did not commit an attempted crime.

2. At around 01:47 March 8, 2019, the Defendant: (a) opened a driver’s seat not corrected by the victim E-owned at the ground parking lot of the building in Ulsan-gu, Ulsan-gu; and (b) cut off the total amount of KRW 1.60,00 won, including KRW 8,000, KRW 1,000, KRW 80, KRW 500, KRW 500, KRW 80,000, KRW 80, and KRW 500,000, KRW 1,085,000, from the victims, on a total of four occasions from March 13, 2019, as indicated in the list of crimes in the attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, C, G, and H;

1. Reports on occurrence of each case and reports on investigation;

1. Each photograph;

1. Previous records of judgment: Criminal records, investigation reports (verification of identical records and repeated crimes), copies of each judgment, and application of Acts and subordinate statutes concerning the current status of confinement of individuals;

1. Relevant legal provisions concerning criminal facts, Articles 342 and 329 of the Criminal Act that choose a punishment, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent offenders, the crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act list the doors that the defendant has not been corrected in the vehicle parked in the apartment parking lot throughout the country.

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