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(영문) 대전지방법원 천안지원 2013.08.22 2013고단571
특정범죄가중처벌등에관한법률위반(절도)등
Text

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

Reasons

Punishment of the crime

On November 26, 2009, the Defendant was sentenced to three years from imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) in the support of Suwon District Court and was provisionally released on April 30, 2012 during the execution of the sentence.

9. 15. The parole period expired on September 14, 2006, and the same court was sentenced to a suspended sentence of two years for larceny, and the previous case and three times for each person who had been sentenced to a suspended sentence of two years for larceny;

1. At around 02:30 on November 23, 2012, the victim C acquired a mobile phone equivalent to KRW 4.60,000,00 from the market price of Pyeongtaek-si, Pyeongtaek-si, 185-1, and embezzled without returning it to the victim.

2. At around 02:00 on December 7, 2012, in front of the “Eju store” adjacent to the D apartment in the Dong-gu, Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, opening a door for a G car owned by the victim F. Around December 7, 2012, the victim’s bank opened and attempted to steals with cash 80,000 won owned by the said victim, the market price of 120,000 won, and the market price of which includes one credit card, etc., on the part of the market, and theft, etc., on the part of the victim, from around B of 2012 to May 17, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement made to H and I;

1. Written Statement;

1. Each protocol of seizure, on-site pictures, photographs of seized articles, scenes and photographs of seized articles, investigation reports (for the victim H reinforcement and investigation/owner verification / Owner verification / for the method of crime committed at the victim K), and on-site verification photographs;

1. The victim C, F, L, K, M, N, P, and L, respectively, and the records of each damage (pre-trial record at the time of sale);

1. The application of Acts and subordinate statutes is acceptable in light of the following: inquiry reports, including written judgments and criminal records, and investigation reports (recognition of habituality at the time of sale); and the records of each crime, criminal records, frequency of crimes, and the same type of crime committed several times in a planned and organized manner.

1. Criminal facts;

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