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(영문) 수원지방법원 안양지원 2016.12.20 2016고단1506

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

One day after the defendant was seized from the defendant, the Gyeyang District Prosecutors' Office.

Reasons

Punishment of the crime

[criminal power] On November 22, 2013, the Defendant was sentenced to 4 months of imprisonment with prison labor for larceny and one year of suspended sentence. On July 22, 2014, the Seoul Southern District Court sentenced the Defendant to 1 year and 6 months of imprisonment with prison labor for larceny, etc. on July 22, 2014, and on October 23, 2015, the Incheon District Court sentenced the Defendant to 1 year of imprisonment with prison labor for special larceny and completed the execution of the sentence in the Seoul Southern Southern District Court on July 13, 2016.

【Criminal Facts】

On August 7, 2016, around 21:23, the Defendant: (a) found one door, which contains a saw, dracker, kacker, and knife, etc., in a water reservoir located in Ansan-si, Annyang-si; and (b) moved the above underground shop operated by the victim E through the tent d-24 cellphone knife, after going through a tent inspection tool.

In addition, the defendant, using the saws, Raber and gaer knife in his possession, opened the above mobile phone store lighting, damaged part of the tent, and intrudes on the above medium mobile phone store, and put 69 heavy mobile phones in a separate room at the market price equivalent to 22,630,000 won in the attached list.

Accordingly, the defendant stolen the property of the victim by damaging the door, the wall, and part of the structure among children, and by impairing the structure of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Protocol of seizure, list of seizure (number 16,23) and protocol of seizure;

1. A report on the results of an adequate appraisal in a scamtain, and a compilation photograph of CCTV video data;

1. Previous convictions in judgment: Criminal history records, investigation reports (data to determine the same kind of power and habituality), summary orders and judgments, and application of Acts and subordinate statutes to the status of confinement of individuals;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 331 (1) and 35 of the Criminal Act concerning the crime committed;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 25(1) of the Act on Special Cases concerning the Promotion, etc. of Compensation Orders and Provisional Execution Sentences;