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(영문) 수원지방법원 안양지원 2017.06.30 2017고단807
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Nos. 2 and 3 of the seized evidence shall be returned to the victim C.

Reasons

Punishment of the crime

[criminal history] On June 30, 201, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon District Court on September 13, 2013, and was sentenced to two years of imprisonment with prison labor for the same crime at the Suwon District Court on September 13, 2013, and on August 21, 2015, the Seoul Northern District Court was sentenced to one year and six months of imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court on August 21, 2015, and completed the execution of the sentence on March 20, 2017.

[Criminal facts]

1. On April 27, 2017, the Defendant: (a) opened a door to “E” in the Bupyeong-gu, Incheon from around 13:00 to around 14:30 on April 27, 2017; and (b) divided stin and talk within the office of the victim C into stin and talk within the office of the victim C; and (c) stolen the Defendant out of 377 U.S. dollars owned by the victim, cash, 56,000 won, new card, and one modern card.

2. On May 8, 2017, the Defendant entered a restaurant of “G” located in Sinpo-si F, Sinpo-si on May 8, 2017, in order to prepare for business, and opened a bank at the entrance of the bank and take 170,000 won in cash owned by the victim.

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement prepared in C;

1. Protocols of seizure and list of seized articles, and photographic materials of seized articles;

1. On-site photographs, photographs of CCTVs for crime prevention around the scene (fences, etc. of crimes), and data on field-verification photographs;

1. Previous convictions: Application of a reply to inquiries about criminal history data, investigation report (verification of repeated crime records, etc.), text of judgment, and the current status of expropriation by individual;

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 as prescribed in the corresponding Act;

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. Article 333(1) of the Return Criminal Procedure Act

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