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(영문) 울산지방법원 2020.03.26 2019고단1592
절도
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On June 2, 2017, the Defendant was sentenced to ten months from the Ulsan District Court to imprisonment for an attempted larceny at night, and completed the execution of the sentence at the Ulsan Detention House on October 27, 2017.

【Criminal Facts of Crimes】 On November 13, 2018, around 02:12, 2018, the Defendant: (a) opened a steering door that was parked in the victim C’s house located in Ulsan-si, Ulsan-si; and (b) intruded into the victim’s seat with cash amounting to KRW 2 million ( KRW 58,10,000, KRW 10,000) owned by the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A report on internal investigation (investigation into a field forest site and the verification of CCTV around the site);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Article 329 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of applicable sentences under law: One month to twelve years of imprisonment;

2. Aggravation factors of larceny [Type 2] general larceny [Special Aggravation] according to the sentencing guidelines: Aggravation area of repeated crimes of the same kind which do not fall under specific crime Aggravated Punishment [Recommendation Area and Recommendation Scope], 10 months through 2 years of imprisonment.

3. Determination of sentence: Determination of sentence: Number of criminal records for the same kind, the fact that they are crimes during the period of repeated crime, the fact that damage is not recovered, the method and scale of damage, etc.;

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