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(영문) 의정부지방법원 고양지원 2013.12.06 2013고합205

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for four years.

One color light (No. 6) shall be confiscated in the course of seizure.

Reasons

Punishment of the crime

[criminal power] On April 5, 2007, the Defendant was sentenced to 6 months of imprisonment with prison labor for larceny, etc. at the Jung-gu District Court Goyang branch on October 18, 2007, 10 months of imprisonment with prison labor for the same crime at the same court on August 29, 2008, 6 months of imprisonment with prison labor for the same crime at the same court on August 29, 2008, and 1 year and 6 months of imprisonment with prison labor for the same crime on September 24, 2009 at the same court on September 24, 2009, and completed the execution of the sentence on March 9, 2013.

【Criminal Facts】

At around 03:25 on August 27, 2013, the Defendant habitually loaded F F Cargo Vehicles of the Victim (E) who was set up in the underground parking lot (D apartment) located in Pakistan, resulting in theft of an amount equivalent to KRW 300,000,00 from that time to October 05:00 of the same year, and resulted in a theft of an electric wire market value of KRW 1.8 million in total, as shown in the attached list of crimes, from that time to October 05:00 of the same year.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each statement of G and H;

1. Investigation report (hereinafter referred to as CCTV analysis), list of seizure records and seizure records, photographs of seized objects, images of victim HH vehicles, investigation reports (related to statement of damage to the victim), investigation reports (related to statement of damage to the victim), investigation reports (Listening to statement by staff members of the victim), list of damaged items;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (reports on the attachment of judgments on the same type of power), and investigation reports (verification reports at the end of the period of punishment);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts, as well as Article 5-4 (6) and (1) of the Act on

1. The proviso of Article 35 and the proviso of Article 42 of the Criminal Act among repeated crimes: