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(영문) 수원지방법원 안양지원 2011.06.14 2011고단337

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

On June 12, 2009, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for larceny in the Suwon District Court for six months, and on January 18, 2010, to the suspension of the execution of imprisonment with prison labor for larceny in the same court for four months. On February 15, 2011, the Defendant was sentenced to the summary order of a fine of two million won for larceny in the Suwon District Court for the summary order of a fine of two million won on March 24, 201, and was sentenced to six times more.

around 12:40 on March 15, 201, the Defendant: (a) held a total amount of KRW 1,764,00,00 of the market price of the victim G in the victim E’s 'F 'F 1st underground' store operated by the victim E, “D,’ located in Ansan-si; (b) KRW 1,764,00,00,000, including one leather, two half half half-cot; (c) two double-fluor; (d) one back-fluor; and (e) one after the back-up examination; and (e) one after the victim’s G operation located in the same place, at around 13:10 on the same day, KRW 49,80,00; and (e) the victim’s phrase “F 1,320, the market price of the victim’s G operation located in the same place.” On the same day, the Defendant habitually stolen the victim’s goods worth KRW 1,81,207.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. The police seizure record and the list of seizure;

1. Previous convictions in judgment: A copy of criminal records, previous records of disposition and report on results of confirmation, each investigation report (No. 27, 30, 33 of the evidence list), one copy of the judgment No. 2009 high-class 3937 of the Suwon District Court Act, one copy of the judgment No. 2009 high-class 1310 of the Suwon District Court Act, and one copy of the summary order No. 201 high-class 1426 of the Ansan District Court Act;

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 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and Article 329 of the Criminal Act, inclusive, of the pertinent Article of the Act

1. An agreement with the victim E under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, the degree of damage, and the defendant