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(영문) 수원지방법원 2012.11.27 2012고합829
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On July 1, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Sung-nam Branch of Suwon District Court on July 1, 2008, and on October 1, 2010, in the same court, sentenced one year and six months to imprisonment with prison labor for the same crime and completed the execution of the sentence on December 23, 201.

1. On June 18, 2012, the Defendant: (a) around 01:10, on the street in front of the Mamo-gu Mamo-gu Mamo-gu Mamo-si, Sungnam-si, where the name of the person under the influence of alcohol could not be known, the Defendant changed to the victim’s Mamo-gu, thereby leaving three parts of the E-Energy only KRW 100,00 gift certificates in front of the victim.

2. On July 14, 2012, at around 01:17, the Defendant failed to commit an attempted crime, even though the Defendant followed the victim’s her main money to steals in order to steals to the victim D, who was under the influence of alcohol, in the front of the 399 former Madern Office, according to the mountain of the Maddong Office, Sungnam-si, Sungnam-si.

3. On August 24, 2012, around 01:43, the Defendant discovered the victim F, who was under the influence of alcohol on the street in front of Yari-gu, Sungnam-si, Sinnam-si, that the victim’s cellular phone was located far away from the victim’s cell phone, and the Defendant left one cell phone of the amounting to KRW 700,000,000 at the market price on the part of the victim.

As above, the Defendant habitually stolen or attempted to steal the victims’ goods.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness G;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Each statement of H, F, and I prepared;

1. Police seizure records;

1. Photographs of damaged articles, investigation reports (on-site conditions), on-site photographs, and investigation reports;

1. Records of judgment: Criminal records, etc. inquiry report and investigation report (the period of repeated crime and attachment of the same criminal records and judgment);

1. Habituality of judgment: dampness is recognized in light of the records of each crime in the judgment, the number of crimes, the frequency of crimes, and the same kind of crimes repeated;

The application of legislation;

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