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(영문) 수원지방법원 2016.02.03 2015고단5985

특수절도

Text

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence Nos. 1 to 5 (2015 voltage 5015) shall be forfeited from the accused.

Reasons

Punishment of the crime

On June 10, 2010, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for embezzlement for occupational purposes at the Suwon Franchi, which became final and conclusive on August 27, 2010. On September 23, 2011, the Incheon District Court sentenced each of his/her imprisonment with prison labor for special larceny for ten months, and on December 13, 2011, which became final and conclusive on December 13, 201, the sentence of suspension of the execution was invalidated. The Defendant was released on January 29, 2014 and the parole period passed on July 1, 2014.

On November 28, 2015, the Defendant: (a) at around 02:41, the victim D in Suwon-gu, Suwon-si, Suwon-si, destroyed the entrance gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate 1,517,50 won in cash gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate gate 1,517,50 won in cash gate gate gate

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Investigation report (to hear statements made in victim D);

1. Statement made by the police against D;

1. Police seizure records and list of seizure;

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal identification, text of judgment, and Acts and subordinate statutes to report on investigation (the results of search by a suspect);

1. Article 331 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendations] : (a) theft against general property ; (b) the mitigation area (from August to June 1), which does not fall under category 4 (special mitigation) (i.e., special mitigation), (i., a person who is not subject to special mitigation) / special punishment / (i.e., a sentence] of the same repeated crime [decision of sentence] in August 8], during the period of a repeated crime for which the defendant was sentenced to suspended sentence for the same kind of crime, and one year has passed after the execution of the sentence was completed; and (c) during the period of a repeated crime for which he committed money and valuables by intrusioning into general property at this time.