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(영문) 수원지방법원 안산지원 2015.02.24 2014고단2468

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for three years.

The evidence of No. 1656 of the pressure of the Suwon District Prosecutors' Office, 2014, subparagraphs 1 through 4 and 4 of the same paragraph.

Reasons

Punishment of the crime

On January 24, 1995, the Defendant was sentenced to a suspended sentence of one year for a crime of special larceny at Suwon District Court. On July 2, 1997, the Defendant was sentenced to a one-year imprisonment for a crime of larceny at Suwon District Court. On May 13, 1999, the Seoul Southern District Court sentenced a two-year imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On November 30, 2004, the Defendant was sentenced to a three-year imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Seoul Southern District Court.

Criminal facts

On May 26, 2015, at around 03:10, the Defendant intruded into the restaurant through the Chinese restaurant operated by the victim D (Nam, 31 years of age) in Gwangju-si, and went to the Defendant with 1.50,000 won in cash owned by the victim by using the Dracker.

In addition, the Defendant had 2,49,00 won in cash and 1 smartphone (on 80,000 won at the market price) over 18 occasions in total, as shown in the list of crimes in the attached Table, from around April 2014 to early September 2014, the Defendant failed to discover stolen objects and failed to do so on 2 occasions in total.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement (number 2, 21, 25, 27, 27, 30, 33, 38, 41, 43, 45, 47, 49, 51, 53, 58, 60, 63, 65, 81);

1. Statement of seizure by each police (number 8,79);

1. Each photograph (No. 3, 9, 10, 13, 22, 24, 26, 28, 31, 32, 34, 35, 40, 42, 44, 46, 48, 52, 54, 59, 62, 64, 66, 82), CCTV-capf photograph (No. 6,48), each investigation report (No. 14, 15, 86), 14, 26, 26, 24, 28, 38, 31, 34, 35, 35, 42, 446, 46,

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (previous records and confirmation), and five copies of judgment;

1. Habituality: 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 the same crime has been committed several times in a planned manner;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;