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(영문) 의정부지방법원 고양지원 2013.07.10 2013고단49

특정범죄가중처벌등에관한법률위반(절도)

Text

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

A bearer transportation card (Evidence No. 1), an emergency warning on an emergency (Evidence No. 2), which has been seized.

Reasons

Punishment of the crime

At around 04:30 on October 11, 2012, the Defendant stolen cash of the victims on 37 occasions in total, as stated in the attached crime list from the date of the crime list, or attempted to steal money and goods to be stolen, but failed to discover it. The Defendant: (a) stolen cash of the victims on 37 occasions on 15,000 won in cash, which was parked in the H building parking lot of Goyang-gu, Yongsan-gu; (b) destroyed the victim F’s first window glass in the victim’s private taxi owned by the victim F, who was parked in the place; and (c) stolen cash in the vehicle; and (d) failed to discover it.

Accordingly, the defendant habitually stolen or attempted cash of victims.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each statement of the J,K, L, D, M, F, G, N, P, E, Q, R, T, U, V, W, X,Y, Z, AB, AC, AE, AE, AE, AE, AH, AH, AI, C, AJ, AJ, AK, AL, AM, and AO;

1. Reports on each occurrence of a theft;

1. Each report on investigation;

1. Records of seizure and the list of seizure;

1. Each photograph;

1. Requests for a gene appraisal;

1. Application of statutes concerning criminal records;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 342 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. Article 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings Concerning the Pronouncement of Provisional Execution ] The crime of this case was committed in a short period of time by breaking the window of a vehicle habitually and cutting down or attempted cash, etc. In light of the nature of the crime, the sentence of the defendant is inevitable to be sentenced, taking into account the amount of damage, degree of damage recovery, criminal record relation, and all other factors of sentencing against the defendant, the sentence against the defendant was determined as ordered.