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(영문) 수원지방법원 2017.12.15 2017고단7454
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2] On February 9, 2012, the Defendant was sentenced to one year and six months of the suspension of execution on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (ththief), and on August 10, 2012, the Defendant was sentenced to four months of imprisonment by larceny, etc. at the Seoul Southern District Court, which became final and conclusive on February 26, 2013. On August 29, 2013, the sentence of the suspension of execution was invalidated. On February 24, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Suwon District Court, and completed the execution of the sentence on June 25, 2015, and was sentenced to one year and six years of imprisonment with prison labor for habitual larceny and the execution of the sentence was terminated on October 10, 2016.

[Criminal facts]

1. On Nov. 28, 2017, the Defendant discovered that the victim E earphones connected to the victim E earphones from a soup room at Osan City around November 21:25, 2017, earphones were cut off with one cell phone equivalent to KRW 320,000,000, the market price where the victim was located adjacent to the victim.

2. On November 09, 2017, at the place indicated in paragraph (1) around 01:10, the Defendant discovered that the victim F was leaving the bank beside the bank, and that the victim did not commit an attempted crime with a 4.60,000 won of the market price where the victim was a victim’s cash holding 4.60,000 won, and with a single verification color door, one to the victim’s 5.80,000 won of the market price where the victim was a victim’s cash.

As a result, even though the defendant was sentenced to imprisonment not less than three times due to larceny, etc., he did not commit a theft of another person's property or a theft of another person's property during the repeated crime period.

Summary of Evidence

1. The defendant's statement in court;

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