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(영문) 울산지방법원 2014.10.30 2014고단2498
특정범죄가중처벌등에관한법률위반(절도)등
Text

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

Reasons

Punishment of the crime

[Criminal Justice] On August 27, 2004, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Ulsan District Court on August 27, 2004, 8 months from the same court on August 7, 2007; and 8 months from the same court on October 28, 2010; and on November 8, 2012, the Defendant was sentenced to imprisonment with prison labor for an attempted larceny, etc.; on March 3, 2014, the Suwon District Court sentenced one year and six months from the imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Suwon District Court on March 3, 2014.

【Criminal Facts】

1. Violation of the Aggravated Punishment Act;

A. On August 6, 2014, around 07:30, the Defendant passed through a building located in Ulsan Metropolitan City Nam-gu C, Ulsan Metropolitan City, with the house in which the victim D resides, and, without the resident, did not enter the house to steal others’ things.

The Defendant reported the physicalization to the front door of the victim's house opened through the gate in the above house, and 200,000 won in cash owned by the victim, and 50,000 won in the market price in which the credit card and resident registration certificate are included, were taken out from the door of the victim's house in the way of the method between the victim's own house and the victim's own house. The Defendant attempted to take away from the door of the victim's house in the way of the method, and attempted to take away from the door of the victim's house to the wind of the victim.

B. On August 6, 2014, around 11:30, the Defendant: (a) opened a entrance opened in front of the G Children’s Center operated by the Victim F in Nam-gu, Ulsan Metropolitan City, Nam-gu; and (b) stolen the victim’s market value of KRW 5,000,000, which is located in the front of the G Children’s Center operated by the Defendant.

As a result, the defendant was sentenced to imprisonment more than three times with prison labor for the same kind of crime such as larceny, and again committed larceny and attempted larceny during the period of repeated crime.

2. Intrusion upon residence;

A. On August 6, 2014, the Defendant entered the 1st floor gate into the building located in Ulsan Metropolitan City, Nam-gu, Seoul Metropolitan City on August 6, 2014, and is going to be a second floor gate, in which the victim I resides.

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