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(영문) 의정부지방법원 2017.12.06 2017고단4586
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 (No. 2540) (No. 2540) shall be confiscated.

Reasons

Punishment of the crime

[criminal records] On January 7, 2005, the Defendant was sentenced to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the District Court of the Republic of Korea, and on May 31, 2011, the Defendant was sentenced to two years of imprisonment for the same crime in the same court. On August 31, 2016, the same court was sentenced to three years of imprisonment for habitual larceny and completed the execution of the sentence in the Port of the Republic of Korea on February 14, 2017, as well as nine times of criminal records.

[Criminal facts]

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) committed a theft at night by opening a door of a vehicle parked in another parking lot and attempting to steals cash, etc. inside the vehicle.

A. On August 20, 2017, the Defendant: (a) around 01:10 to around 01:30, the Defendant: (b) at the front parking lot of the “YY 5-ro, 5-ro, 388, the 5-day community hall,” which was parked there; (c) confirmed that the shape of the victim C’s Dpoter vehicle parked there was no locking; and (d) opened an auxiliary door and cut down a 20,000 won in cash in the erobbbbox.

B. The Defendant opened the driver’s seat of the Fpoter vehicle owned by the victim E and examined the inside of the vehicle, but did not discover stolen articles, and did not commit such intent.

(c)

The Defendant, who was parked at the above time and place, did not commit an attempted attempt, even though he left the hpoter’s driver’s seat car owned by the Victim G by the victim at the above time and place, but did not commit it with the wind.

(d)

Defendant 1, who was parked at the above time and place, was in his possession of the victim I, but did not commit an attempted attempt, even though he was in his possession of the J Twit-type vehicle.

E. The Defendant: (a) around 01:50 on August 20, 2017, at around 355, left a parking lot in front of the “No. 4-ri community hall” located in the Kuwon-gun, Kuwon-gun, Kim Jong-gun, which was parked therein; and (b) the Defendant owned the Victim K.

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