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(영문) 의정부지방법원 2013.03.29 2012고단2552

특정범죄가중처벌등에관한법률위반(절도)

Text

Defendants shall be punished by imprisonment for one year and six months.

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the District Court on September 7, 2007; Defendant A was released on November 28, 2008 at a governmental prison on the parole on February 18, 2009; Defendant B was sentenced to two years of suspension of execution with prison labor for a special larceny at the District Court on July 18, 2007; Defendant B was sentenced to one million won in the same court on February 13, 2009; Defendant A was sentenced to a fine of one million won in the same court on March 3, 2009; and was sentenced to a fine of one million won in the same court on March 24, 2009 as a larceny; and Defendant B was sentenced to a fine of one million won in the same court on May 25, 2009.

【Criminal Facts】

1. From around 01:27 on August 21, 2012, the Defendants: (a) discovered two air conditioners outside the air conditioners located in the front of “F store” operated by the victim E in the Gu Government-si; and (b) attempted to steal them.

The Defendants, who prepared in advance, stolen two air conditioners and two air conditioners, which amount to the total market value of the victim’s 600,000 won.

2. At around 01:50 on December 28, 2012, the Defendants discovered that the market price of the construction materials owned by the victim H is 18,000 won in a warehouse at the site of the construction site of the 1st floor of the 1st floor of the 1st floor of the 201st century, and stolen them by using any crepans outside the construction site and loading them into the knife together with the knife in the knife.

3. On December 28, 2012, Defendant A opened a garment collection box installed by the victim J on the roads of the Government-Si, Ma-si, Ma-si on December 28, 2012, and did not commit an attempted attempt by the police officer, i.e., taking the clothing collection box installed by the victim J., and taking the clothing out.

As a result, the Defendants did not habitually commit a theft or theft of another person's property by habitually combining them, but did not commit an attempted crime.

Summary of Evidence

1. Defendants’ legal statement 1.