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(영문) 수원지방법원 안산지원 2014.09.25 2014고단2133
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 22, 23 or 24 shall be forfeited from the accused.

Reasons

Punishment of the crime

On August 18, 1993, the Defendant was sentenced to a two-year probation by the Seoul Southern District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On January 16, 2009, the same court was sentenced to imprisonment with prison labor for night-time intrusion and larceny, etc., and was released on March 30, 2012 and the parole period expired on October 5, 2012.

At around 01:00 on July 20, 2014, the Defendant opened a string door to the house of the victim D located in Ansan-si, Seoul-si, and opened a 80,000 won in cash from the wall on the floor of the victim owned by the victim and taken two copies of transportation cards equivalent to the market price of 8,000 won in cash from the wall on the floor.

In addition, from around that time to August 12, 2014, the Defendant stolen property amounting to 1,476,400 won in total on 11 occasions, such as the list of crimes in the attached list.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each statement (Evidence Nos. 12 through 18, 20, 21, 23);

1. Each protocol of seizure;

1. Previous convictions in judgment: Court rulings, resident inquiry and criminal records, and current status of personal identification and confinement;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the relevant criminal facts, and Article 5-4 (1) of the same Act concerning the option of punishment;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is against the defendant, and the damage is not much serious, considering the circumstances leading to the crime of this case, the age, character and conduct, environment, etc.

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