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(영문) 광주지방법원 순천지원 2015.09.18 2015고단1504

특정범죄가중처벌등에관한법률위반(절도)

Text

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

The seized bags (bicycles, No. 7) and multi-purpose mtamplms.

Reasons

Punishment of the crime

On May 30, 2005, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Incheon District Court. On March 7, 2008, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On April 15, 2010, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court. On November 6, 2013, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On May 5, 2015, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

1. On July 2015, the Defendant: (a) removed and stolen, from the bicycle owned by the victim’s name-unclaimed box, who was placed in the Cudio 3 floor stairs at the early stage of 20:00 on July 2015, 2015, one headlight of the market price from the bicycle owned by the victim’s name-unclaimed box.

2. Crimes committed on July 25, 2015;

A. On July 25, 2015, at around 22:17, the Defendant: (a) removed parts of a total market value of KRW 200,000,00,000 from the Defendant’s bicycle owned by the victim E, which was kept in custody, at the Dump Dolcheon-si, for correction.

B. The Defendant: (a) removed from the bicycle owned by the victim’s name-unclaimed box, who was installed at the time, location, and location described in the foregoing paragraph; (b) one of the cityless bicycle appliances (including one multi-purpose sludge).

Summary of Evidence

1. Defendant's legal statement;

1. Police statements of E;

1. Seizure records;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (attached to a copy of judgment, etc.);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 201Du111, Jan. 1, 201>

1. The prosecutor under Article 333(1) of the Return Criminal Procedure Act shall commit the crime of this case.