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(영문) 수원지방법원 안산지원 2017.07.26 2016고단4609
절도
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On August 27, 2002, the Defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. on October 27, 2002, and was sentenced to four years of imprisonment with prison labor for special larceny, etc. on January 11, 2006 in the Incheon District Court Branch Branch of the Incheon District Court. On November 8, 2012, the Defendant was sentenced to two years and six months of imprisonment with prison labor for special larceny, etc. from the Suwon Branch of the Suwon Branch of the Seoul District Court, and completed the execution of the final sentence in the Daegu Prison on October 23, 2014.

[2016 Highest 4609] The defendant was operated by the victim E, who was parked in the front of the "D" located in C at Sinsti City, on April 2, 2015.

FLystya car, while being kept in custody, was stolen by taking a cash of KRW 800,000,000, which is the victim's possession.

[2017 Height 414] On October 25, 2015, the Defendant taken six white bags containing a sum of 34650,000 won in cash owned by the victim who was kept in the state where the victim was absent from work in his/her domicile in Jung-gu Seoul, Jung-gu, Seoul. G802.

In addition, they stolen them.

Summary of Evidence

[2016 Highest 4609]

1. Statement of the defendant in the first trial record;

1. Entry of the statement E in the second police interrogation protocol against the accused;

1. Previous convictions: Court rulings, such as a written reply to inquiries, such as criminal history, personal confinement status, Suwon District Court Decision 2002 No. 1591, Feb. 1, 2017;

1. Statement by the defendant in court;

1. Application of statutes on police statements made to H to H;

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes under each of the pertinent provisions of the Act on the Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act [Article 5-4(5) and Article 5-4(1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 13717, Jan. 6, 2016) which was enforced at the time of each of the crimes in the judgment] was amended more light of the degree that the relevant penal provisions are excessive, and thus, the amended Act shall govern (see Supreme Court Decision 2016Do1872, Apr. 12, 2016)]

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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