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(영문) 수원지방법원 2017.01.19 2016고단8246

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 26, 2012, the Defendant was sentenced to imprisonment with prison labor for the purpose of larceny, etc. on August 26, 2012, and on August 28, 2013, at the Suwon Ggwon, the Defendant was sentenced to imprisonment with prison labor for the purpose of larceny, etc. on October 10 and March 25, 2015, and on August 18, 2016 at the Ggwon Ggwon Ggwon Ggwon Ggwon Ggwon Ggwon Ggwon Ggwon Ggwon Ggwon, and completed the execution of the sentence in Ggju prison on August 18, 2016. < Amended by Act No. 12748, Mar. 28, 2014>

On October 13, 2016, at around 04:30, the Defendant: (a) was loaded in front of the construction site of a complex building in the territory of the Young-gu, Suwon-si; and (b) was aware that there was a miscellaneous load from the above site; (c) the Defendant: (d) was loaded in the cargo vehicle of a personal cargo engineer D with a flow pump equivalent to KRW 600,000 in the market price managed by the victim E; (d) KRW 40; (e) KRW 30; and (e) KRW 50,000 in the flow pump at the market price managed by the victim F; and (e) KRW 50,000 in the flow pump at the market price managed by the victim E.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. E statements;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (fact that the period of repeated offense is in progress) statute;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate the amount of loss (see, e.g., Supreme Court Decision 53 and 55 (1) 3 of the Act (see, e.g., that the defendant repents and reflects his/her misconduct, and that the victim has been returned