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(영문) 수원지방법원 성남지원 2018.11.22 2018고단2219
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to six months of imprisonment with prison labor by larceny, etc. at the Gwangju District Court on January 7, 2016, and was sentenced to one year of imprisonment with prison labor by night intrusion larceny at the Gwangju District Court on April 27, 2017, and on January 12, 2018, the Defendant was sentenced to one year of imprisonment with prison labor and one million won of fine due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Suwon District Court on January 12, 2018, and was sentenced to one year of imprisonment with prison labor and one million won of fine on September 11, 2018, according to the evidence record No. 159 of September 11, 2018, it is obvious that the expiration date of the term of punishment is September

Since it is judged, it is corrected ex officio without the amendment procedure of indictment.

In the military prison, the execution of the sentence was terminated.

[Criminal facts]

1. On October 4, 2018, the Defendant, who was sentenced to imprisonment three or more times with prison labor due to theft, etc., cut off the sum of KRW 14,000,00, totaling KRW 14,00,00, from the first floor of the 341 Mandong-dong, Seongbuk-gu, Sungnam-si, Sungnam-si, a Mandong-dong 341, Sungnam-nam Integrated Terminal, that was parked using a creh in the vicinity of the surrounding supervision over the C bus owned by the victim (State) who was parked, and was parked inside the door of the C bus owned by the victim.

2. The Defendant, who was sentenced to imprisonment not less than three times due to theft, etc., was released to E of the staff of the terminal disaster prevention room and did not steals, while the Defendant, who was parked in the same place as the above paragraph 1, around 23:00 on the same day as the repeated offense period, opened the opening, closing, and opening inside the door of D bus owned by the Dispute Settlement Bank Co., Ltd., and taken out the number of unfolded deposits that were in the course of the circulation.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A protocol of seizure and a list of seizure;

1. Six copies of a photograph to which the victim appears;

1. Previous convictions: A reply to inquiry, such as criminal history, investigation report (former and attachment of the judgment), investigation report (verification of the facts of the crime committed in this case during the period of repeated crime) (the defense counsel had a mental and physical weakness at the time of committing the crime in this case

The argument is asserted.

According to the records.

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