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(영문) 수원지방법원 안산지원 2013.05.03 2013고단546
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On July 31, 2003, the Defendant was sentenced to a suspended sentence of 8 months for larceny. On March 24, 2005, the Defendant was sentenced to a imprisonment of 2 years for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in Ansan District Court's Ansan District Court's Ansan Branch's branch on July 1, 2009. The Defendant was sentenced to a summary order of 700,000 won for larceny from the Suwon District Court's Ansan Branch's Ansan Branch's branch on January 22, 2010. On April 15, 2011, the Defendant was sentenced to a imprisonment of 1 year and 6 months from the Suwon District Court's Ansan Branch's branch's branch for larceny, etc., and completed the execution of the sex vocational training in the Suwon District Court's branch on September 5, 2012.

Criminal facts

At around 02:30 on November 24, 2012, the Defendant: (a) opened a lock-out system for the back left glass of the E.S. passenger seat of the victim D owned by the victim at the place in Ansan-si, Ansan-si; (b) removed the lock-out system for the back seat of the instant passenger seat; and (c) cut off one by using one bank where the market price is unknown for the cash of KRW 485,000 owned by the victim at the place in question.

In addition, during the period from around that time to March 4, 2013, the Defendant stolen the victims' objects habitually over 23 times in the same manner as the list of crimes in the attached list.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each statement of F, G, H, I, K, K, L, M, N, D, P, Q, R, M, T, U, V, X, Y, and Z;

1. Police seizure records;

1. Each investigation report;

1. Previous convictions in judgment: Criminal records and investigation reports (report on binding of the same type of crime, and specific suspect);

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 342 of the Criminal Act, and limited imprisonment, comprehensively, by means of the relevant criminal facts and the choice of punishment;

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