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(영문) 인천지방법원 부천지원 2014.05.09 2014고단595

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On September 20, 2012, the Defendant sentenced the Seoul Western District Court to two years of imprisonment with prison labor for habitual fraud, etc., and completed the execution of the sentence on September 28, 2014.

On March 8, 2014, the Defendant habitually stolen 18,842,30 won of other person’s smartphones, etc. over 19 times in total in the same manner as indicated in the attached list of crimes, within a soup, making soup, making soup, the Defendant: (a) set up DNA mobile phones equivalent to KRW 800,000 of the market price owned by the victim E, which is equivalent to KRW 800,000,000; and (b) took away 3 mobile phones by using a cret or cret cret in the market price owned by the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on F, G, H, I, J, K, L, M, N,O, Q, and R;

1. Each written statement of S, T, G, U,V, and W;

1. Report on each occurrence, copy of each occurrence report, and result of case search;

1. Protocols of seizure, list of seizure, seized objects and photographs thereof;

1. A copy of X-purchase account book of the stolen business operator;

1. CCTV-cap photographs and CCTV-recording photographs;

1. Investigation report (to hear statements from persons for reference);

1. Investigation report (Attachment, such as vehicle register, etc.);

1. A report on investigation (temporary correction report of an offense);

1. Previous records: Reference reports, such as criminal records, references to criminal records, results of the search of prisoners, criminal records, and investigation reports (Attachment to judgment of criminal records);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and the fact that the same kind of crime is repeated several times in a planned manner;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts and the Selection of Punishment, etc. of Specific Crimes.

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;