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(영문) 울산지방법원 2016.09.29 2016고단2525
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

On April 21, 2006, the Defendant was sentenced to ten months of imprisonment with prison labor for larceny, etc. at the Ulsan District Court, and on January 28, 201, the same court was sentenced to one year and six months of imprisonment with prison labor for the same crime. On December 27, 2013, the same court was sentenced to two years and six months of imprisonment with prison labor for the same crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On October 8, 2015, the Constitutional Court rendered a decision of unconstitutionality with respect to part of Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was sentenced to two years and four months of imprisonment with prison labor for habitual larceny through a review procedure on the above judgment.

1. On January 27, 2016, at around 15:20 on January 27, 2016, the Defendant: (a) divided the first floor of the instant house located in Ulsan-gu, Ulsan-gu, into the victim D’s residence; and (b) confirmed that no one exists; (c) opened the boiler room and the entrance door of the said house in excess of the victim D’s dwelling; and (d) intruded into the said house, the Defendant held the boiler room by force, so long as the boiler door door door door door door door door door door door door door door door door door door door door door opened; and (e) opened the victim’s market price in excess of KRW 300,00,000,000 at the market price owned by the victim, which was located in the television line of the living room, and 240,000,000 won at the market price owned by the victim in the Ansan-gu, Ulsan-gu.

Accordingly, the defendant invadedd the residence of the victim, and stolen the property owned by the victim.

2. On July 13, 2016, at around 15:00, the Defendant: (a) opened the second floor of the instant house, which is the victim F’s residence, and confirmed that there is no person to view it as the first class of the front class; (b) opened the bend window without locking; and (c) intrudes into the said house and intrudes into the said house into the inner cremation site; (d) one top of the Black Jinju’s market value equivalent to KRW 900,000,000 in the market value of KRW 1.6 million in the market value; and (d) 1.6 million in the amount equivalent to KRW 1.8km in the market value; and (d) 1.8k in the amount equivalent to KRW 1,000 in the market value of KRW 1.1 million in the market value.

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