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(영문) 춘천지방법원 강릉지원 2018.07.05 2018고단414
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 5 shall be confiscated.

Reasons

Punishment of the crime

[criminal record] On April 13, 1994, the defendant was sentenced to one year and six months of imprisonment and one million won of fine due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu High Court, and on September 2, 199, the defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court Port Support on September 2, 1999 and seven times of records of punishment for a larceny crime. On August 21, 2015, the defendant was sentenced to eight months of imprisonment with prison labor for larceny, etc. from the Youngcheon District Court’s Young Branch Branch on February 28, 2016 and completed the execution of the sentence.

[Criminal facts]

1. On May 6, 2018, the Defendant attempted to larceny: (a) opened a driver’s seat in front of C in the East Sea at the time of the East Sea, which was owned by the victim D, and colors the money and valuables to be stolen, but did not find the subject thereof.

2. On May 7, 2018, at around 01:10, the Defendant: (a) opened a string door door of F apartment G, which did not correct the ISP vehicle owned by the victim H in the parking lot; and (b) stolen it by bringing about approximately KRW 5,00 in the total sum of the face value in the central receiving space.

As a result, the defendant was sentenced to imprisonment more than three times with prison labor for larceny and has committed larceny during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H and D;

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

1. Investigation report (verification of CCTVs for committing additional crimes);

1. Investigation report (verification of the amount of damage inflicted upon the victim H);

1. Previous convictions: Application of inquiry statements, such as criminal history, investigation reports (related to criminal records of the same kind as the suspect and repeated crimes);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and Article 42 of the Criminal Act to increase concurrent crimes.

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