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(영문) 울산지방법원 2018.01.09 2017고합345
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[criminal records] On April 28, 201, the Defendant was sentenced to imprisonment with prison labor and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Ulsan District Court on May 24, 201, sentenced to imprisonment with prison labor for the same crime in the same court on May 24, 2013, and on April 21, 2016, the Defendant was sentenced to imprisonment with prison labor for habitual special larceny in the same court on April 21, 201, and completed the execution of the sentence at the port prison on July 31, 2017.

[2] On August 2, 2017, around 03:58, the Defendant discovered a new apartment complex located in Ulsan-gu, Ulsan-gu, Seoul-gu, and around 85,000, which is located in a new apartment complex. The Defendant: (a) discovered that the victim C was accumulated in the floor with the victim’s back part of the victim; (b) stolen the victim with one wall (including KRW 25,00,000, cash card 1, identification card 1, etc.) equivalent to the market price of KRW 25,000, which is located in the back part of the victim’s back part of the victim; and (c) stolen the victim’s part from August 2, 2017 to September 24, 2017, as indicated in the list of crimes in attached Form 380,000,000 won and cash 20,000 won.

As a result, the defendant was sentenced to punishment twice or more due to larceny, etc., and again stolen the victims' property within three years after the execution of the punishment was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Each report on internal investigation, each photograph;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force, etc.);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that two times repeats the same kind of crime within a short time after the execution of the sentence is completed;

1. Articles 5-4 (6) and 329 of the Act on the Aggravated Punishment, etc. of Specific Crimes, inclusive, with respect to the relevant criminal facts;

1. Article 35 of the Criminal Act for aggravated repeated crimes (i.e., habitual larceny in a judgment that completed the execution of punishment on July 31, 2017)

1. Articles 53 and 55(1)3 of the Criminal Act (the following sentencing) of the mitigated amount of punishment

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