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(영문) 수원지방법원 안양지원 2016.08.05 2016고단771

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On August 10, 200, the Defendant was sentenced to one year of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul High Court on the Aggravated Punishment, etc. of Specific Crimes; on November 22, 2005, the Defendant was sentenced to two years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon District Court on the Aggravated Punishment, etc. of Specific Crimes; on January 17, 2008, the same court was sentenced to two years and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on February 14, 2011, the Defendant was sentenced to one year and six months in imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the same court on July 2, 2013 and completed the execution of the sentence on February 7, 2016.

[Criminal facts]

1. On February 9, 2016, the Defendant: (a) opened a door at the Manyang-gu Ma building parking lot located in Ansan-si on February 9, 2016; (b) opened a door in which no correction is made of the passenger fright vehicle; and (c) stolen the said vehicle with one point of KRW 20,000 in cash owned by the victim N and the front line.

2. On February 11, 2016, the Defendant: (a) opened on February 11, 2016, at an elementary school located in the front side of the Cheongyang-dong, Cheongyang-dong, Seoul, a door in which the amount of k5 cars parked in that place was not corrected; and (b) took up one smartphone (VGA) owned by the victim’sO in the said vehicle.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. N’s statement;

1. A report on investigation (a statement by a victim);

1. Photographs of damaged articles;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal identification and acceptance status, and Acts and subordinate statutes to report on investigation (report on confirmation of the same type of force);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime as prescribed in the corresponding Act;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment - Unfavorable circumstances: The period for repeated crimes is several times, for which the records of punishment for larceny have been imposed.