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(영문) 수원지방법원 안산지원 2016.01.29 2015고합243
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On February 2, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in support for the development of a means of flooding, and on December 3, 2013, more than five times of the record of punishment for a larceny crime, in addition to the completion of the enforcement of the sentence on December 3, 2013.

2. The Defendant habitually committed the crime, around May 18, 2015, and around 01:49, the Defendant: (a) opened a rocketing car car owned by the victim D and attempted to steals money and valuables from the victim; (b) however, the Defendant did not have the intent on the wind at which the door is set, and attempted to steals money and valuables from the victim; (c) from that time until August 27, 2015, the Defendant attempted to steal another’s property over 12 occasions, such as the attached Table 1-12, and then stolen another’s property as prescribed in paragraph (13).

Summary of Evidence

1. Crimes indicated in judgment;

(a) Statement by the defendant in court;

(b) Each police statement (including copies thereof) with F, G, and H;

(c)each statement (including copies thereof) of I, J and K;

(d) The comprehensive details of each vehicle loaded and vehicles;

(e) closed circuit television (CCTV) video recorded in the CDs;

(f) Each photograph;

2. The records of the offense;

(a) a response to inquiries;

(b) A report on investigation by the prosecution (report on criminal records of repeated crimes);

3. In light of the following: (a) even though the habitual Defendant was punished for a larceny crime, six times (five times in prison punishment, five times in suspended sentence), the Defendant is deemed to have a habit for the larceny crime, and the Defendant is deemed to have a habit for the larceny crime in light of the following: (b) the instant crime was committed again 13 times during the period of repeated crime; and (c) the crime under [Attachment 11-13] of the crime under [Attachment 1-10] was committed by the police without being aware of the investigation conducted by the police as a crime under paragraphs 1-10; and (d) the Defendant was additionally committed.

Application of Statutes

1. Relevant Articles 332, 329, and 342 of the Criminal Act concerning the facts constituting an offense (a comprehensive selection of imprisonment, with prison labor);

2. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Legal provisions;

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