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(영문) 부산지방법원 2013.09.12 2013고단3555

특정범죄가중처벌등에관한법률위반(절도)

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A defendant shall be punished by imprisonment for two years.

Seized evidence shall be confiscated from the accused.

Reasons

Punishment of the crime

On October 8, 2009, the Defendant was sentenced to imprisonment with prison labor for special larceny at the Busan District Court and on November 20, 2010, and completed the execution of the sentence. On April 11, 2008, the Incheon District Court sentenced to imprisonment with prison labor for one year and four years for robbery, etc. at the Changwon District Court on May 14, 2003.

Between December 31, 2011 and around 08:00 on January 3, 2012, the Defendant: (a) went into a “E” operated by the injured party D; (b) and was in possession of the victim D; (c) broken the windows of the factory into the factory; and (d) intrudes the victim’s market price of KRW 8,00,000 into the factory; and (d) 2 tampers over the market price of KRW 4,50,000 in the market price of KRW 4,00,000; (d) obtained a theft of KRW 2,50,000 from the market price of KRW 3,00,000; (d) obtained a theft of KRW 4,50,000 in the market price of KRW 4,50,000; and (e) obtained a theft of KRW 4,50,000 or KRW 25,505,000 in the market price.

Accordingly, the defendant habitually stolen or attempted to steals the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused and F by the prosecution;

1. Each police interrogation protocol of G and H:

1. Each police statement made to I, J, K, L, M, N, andO;

1. Each written statement of D, P, Q, R, R, C, U, V, W, X, Y, Z, AAB, AC, AD, AE, AE, AF, AH, AI,O, AJ, K and AL;

1. Police seizure records;

1. Notification of communications data;

1. Investigation reports (motor vehicle's chassiss, replies to information, analysis, etc.);

1. Previous convictions: Criminal records; and