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(영문) 수원지방법원 안양지원 2016.01.29 2015재고단28 (1)

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of 6 months of imprisonment with prison labor for larceny at a prison court on June 12, 2009 and 2 years of a suspended sentence of 4 months of imprisonment with prison labor for the same crime at the same court on January 18, 2010. On February 10, 2011, the Defendant was issued a summary order of 2 million won of a fine for the same crime with prison labor for the same crime at the Ansan branch court on February 10, 201 and the same summary order became final and conclusive on March 24, 201.

【On March 15, 201, the Defendant: (a) thought that he would steal property at the “F clothing store operated by the victim E” on the first floor located under D located under the former C’s location at the entrance, and opened the said store through the entrance, and opened the door to cover the sum of KRW 1,764,00,00 in the market price, including 1,76,00, and 1,764,000, and 13:10,000, and more than 13:10,000, of the following day, the Defendant used the victim’s clothes store to use the victim’s garment, 1,49,80, and 49,80,000, and 3:1,20,000,000,000,000 or more of the market price of the victim’s G stores in the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Police seizure records and list of seizure;

1. A previous conviction: A copy of the text of the judgment of the court below rendered in order to inquire about the criminal history, report the result of the investigation of the previous conviction of the disposition, report on the result of the investigation of the previous conviction of the previous conviction of the court below, the Suwon District Court Decision 2009 Gowon 39377, the Suwon District Court Decision 2009 Godan 1310, and a copy of the summary order issued in order of 201 Gowon-won 1426,

1. Habituality of judgment: 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 repeated crimes of the same kind in the judgment;

1. Relevant legal provisions and Articles 332 and 329 of the Criminal Act regarding criminal facts, the choice of punishment (including habitual larceny, inclusive) of the Criminal Act, and the grounds for sentencing a sentence of imprisonment was returned, and there was an agreement with the victims.