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(영문) 수원지방법원 안산지원 2015.10.23 2015고합223

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. On August 13, 2010, the Defendant was sentenced to imprisonment for three years and six months with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in the Busan District Court’s Branch Branch, and on February 13, 2014, the Defendant was sentenced to imprisonment for one year and six months with labor for the same crime in the same court on February 13, 2014 and completed the execution of the sentence on June 22, 2015 and was sentenced to four times more.

2. Criminal facts;

가. 상습절도 피고인은 상습적으로, 2015. 7. 30. 03:30경 안산시 상록구 C에 있는 ‘●●●●’ 고시텔에 들어가, 관리실 앞에 놓여있던 피해자 D 소유의 운동화 1켤레(약 1만 원 상당)를 몰래 가지고 간 것을 비롯하여, 그때부터 2015. 8. 4.까지 사이에 별지 제1목록과 같이 모두 6회에 걸쳐 위와 같은 방법으로 타인의 재물을 절취하거나 야간에 사람이 간수하는 건조물에 침입하여 타인의 재물을 절취하였다.

B. Around July 30, 2015, around 05:58, the Defendant, at the convenience point of the victim F’s operation “F,” located in Ansan-si, Ansan-si, the Defendant, presented a debit card (I) of H’s corporate bank, which was stolen as shown in attached Table 1 List 5, under the pretext of settlement of the price for goods, such as one cigarette, to G, an employee, as his/her own legitimate holder, and signed the sales slip and received goods, such as the above tobacco amounting to KRW 357,950, total amount of the price, from G.

In addition, the Defendant used the debit card that was stolen on six occasions as shown in the attached Table 2 from that time until August 4, 2015, and thereby received property worth KRW 357,950 in total by deceiving others.

Summary of Evidence

1. Crimes indicated in judgment;

(a) Defendant's legal statement;

(b)each statement of D, J, K, L, H, M, N, andO;

(c) Police seizure records;

(d) Each receipt; and

(e) Each photograph;

2. Criminal records shown in the judgment;

(a) An inquiry report;

(b) A copy of each judgment;

(c) Current status of individual confined/Incarceration;

3. A habitual defendant in the judgment.