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(영문) 의정부지방법원 2013.08.20 2013고단2241
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On April 27, 2006, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and three years of the suspension of execution in one year and six months; imprisonment with prison labor for larceny, etc. in the same court on November 21, 2006; and one year and six months in the same court on March 3, 2009; and on June 8, 201, the Defendant was sentenced to eight months imprisonment with prison labor for special larceny in the same court on June 23, 2011 and was sentenced to eight months in the indictment on November 28, 201, and “the indictment on November 28, 2011” as stated in the facts charged in the Act on the Aggravated Punishment, etc. of Specific Crimes is obvious at the end of the period of detention in the workhouse; and a person who completed the execution of the sentence in the government prison on November 23, 2011.

1. The victim D’s plastic greenhouse located in Speaker C at the early 02:00 on December 2, 2012, 2012, shall be stolen by carrying approximately 400 marbs of the decline pipe congested area equivalent to the market value of KRW 300,000,000, in the case of the victim D’s plastic greenhouse located in Speaker C;

2. At around 22:00 on July 14, 2013, at the first floor of the construction site of the Dora Construction site in Namyang-si, E, the victim F was stolen by loading two wires (56.02km) of an amount equivalent to KRW 200,00 at the market price of the 200,000,000 at which the victim F was kept to use for the construction work.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of G, D, and F;

1. Seizure certificate;

1. The photograph of hand, photograph, photograph of seized articles, No. 1 of the old shotos, photo of old shotos, and verification photograph of the theft site;

1. Each report on investigation;

1. Previous convictions indicated in the judgment: Criminal history records, reports on attachment to the same kind of judgment, personal identification and confinement status, and application of Acts and subordinate statutes;

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

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

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