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(영문) 의정부지방법원 고양지원 2014.03.28 2014고단116
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

A seized net (Evidence No. 1) and one square meter on an emergency warning (Evidence No. 3) shall be attached.

Reasons

Punishment of the crime

[Criminal Power] On March 24, 2005, the Defendant was sentenced to one year and six months of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Jung-gu District Court, and on October 28, 2011, the Defendant was sentenced to eight months of imprisonment with prison labor due to larceny, etc. at the Seoul Southern District Court, and completed the execution of the sentence at the Seoul Southern Southern District Court on March 24, 2012.

【Criminal Facts】

On January 3, 2014, around 14:17, the Defendant: (a) cut off the victim D’s E-learning passenger car set up at the front parking lot located in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul with a 150,000 won of cash owned by the victim and five cashier’s checks on KRW 100,000,000 of cash owned by the victim; and (b) cut off the victim D’s E-learning passenger car.

From that time until January 12, 2014, the Defendant stolen the victims' articles by the same method more than ten times, such as the list of crimes in attached Form 6 (Provided, That the “spores” in the list of crimes Nos. 6 appears to be the simple errors in the “spores”).

Summary of Evidence

1. Defendant's legal statement;

1. The first and second suspect interrogation protocol of the accused;

1. Each victim statement of D, F, G, H, I, J, K, L, M, N, andO;

1. Records of seizure and the list of seizure;

1. Investigation report (for example, CCTV and evidence list Nos. 21), investigation report (for example, recovery of damaged articles and CCTV counter investigation, evidence list Nos. 29), occurrence report (for example, theft, evidence list No. 44);

1. On-site photographs (the No. 24, 33, 38, 50, 46 of the evidence list), photographs of damaged vehicles (P and the No. 3 of the evidence list), on-site CCTV photographs (the No. 43 of the evidence list), photographs of on-site damaged vehicles (the No. 53 of the evidence list);

1. Previous records of judgment: Criminal records, inquiry reports, results of prisoners' search, investigation reports (criminal records of the same kind as the suspect, and attachment of judgment);

1. Habituality of the judgment: The Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated in a planned manner.

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