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(영문) 청주지방법원 2019.06.13 2019고단918
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On October 29, 2009, the Defendant of criminal records was sentenced to six months of imprisonment with prison labor for special larceny, etc. at the Cheongju District Court, which became final and conclusive on December 25, 2009. On January 19, 2012, the Cheongju District Court sentenced six months of imprisonment with prison labor for larceny, etc., and its final and conclusive on April 27, 2012. On October 14, 2014, the judgment became final and conclusive on October 16, 2014, upon being sentenced to six months of imprisonment with prison labor at the Cheongju District Court for larceny. On October 7, 2015, the judgment became final and conclusive on January 15, 2016, by being sentenced to one year and two months of imprisonment with prison labor for habitual larceny, and the judgment became final and conclusive on January 27, 2017 to be a Daegu District Court for larceny.

2. Criminal facts are written in writing in the case of C in front of C in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju on April 18, 2019, and G as stated in the written indictment of the victim D.

(65 years old) opened a door of EM vehicle parked without correction and cut off the door of EM vehicle with a total of KRW 1,316,950 won from the above date and time to April 21, 2019, including a theft with a total of KRW 40,000,000 in the market price owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on damage and a F statement;

1. Protocols of seizure and the list of seized articles and photographs;

1. CCTV image, a photograph of the scene of a crime, a capse photograph, and a photograph of the crime images to be taken;

1. 112 reported case handling table;

1. The application of Acts and subordinate statutes to criminal records, reference reports, investigation reports, copies of rulings, and results of confinement of prisoners;

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

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. Discretionary mitigation;

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