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(영문) 울산지방법원 2017.06.15 2017고합113
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] The defendant was sentenced to special larceny, etc. at the prosecutors' office in Ulsan District on June 16, 2004, to special larceny, etc. at the same prosecutors' office on February 15, 2007, and to transfer each juvenile protection case by larceny, etc. at the same prosecutors' office on November 28, 2007. On October 9, 2009, the Ulsan District Court was sentenced to imprisonment with prison labor for one year and six months, and two years in the same court on August 12, 201, for the same crime. On December 27, 2013, the same court was sentenced to three years of imprisonment with prison labor for the same crime and completed the execution of the sentence on October 21, 2016.

[2] From March 5, 2017 to April 8, 2017, the Defendant: (a) infringed on the victim D (45 years of age) located in Yangsan City, which was operated by the victim D (hereinafter referred to as “C”); (b) and (c) did not know the market price of the victim’s ownership; and (d) took cash 23,000 won, which was contained therein; and (e) committed theft on one occasion of attempted theft of cash from March 2017 to April 8, 2017, as described in the list of crimes in the attached Table; and (e) took the property owned by the victims six times in total.

As a result, the defendant was sentenced to two or more penalties for habitual larceny, and again committed larceny, nighttime intrusion larceny, special larceny, and attempted larceny within three years after the execution of the sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D (No. 4), F (No. 6), G (No. 7), H (No. 3), I (No. 5), J (No. 1), and K (No. 2)

1. Investigation report (explosive from sunrise and confirmation of sunset time);

1. On-site identification reports (No. 5 times a year), each on-site photo (No. 7, 26, 35, and 65 a year), each CCTV image-cape photograph, and one CD (No. 31, 38 a year);

1. Previous convictions: A reply to inquiries, such as criminal history, a report of investigation (Attachment to the previous convictions and other judgments), five copies of the judgment;

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