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Reasons
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(영문) 수원지방법원 안양지원 2014.06.12 2014고단504
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for one year.

The seized drones (No. 1) and three plastic bags (No. 3).

Reasons

Punishment of the crime

On August 7, 2009, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Suwon District Court. On December 3, 2010, the same court received a summary order of KRW 300,000 by larceny, etc., and on August 18, 201, the same court was sentenced to a suspended sentence of two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

The Defendant lacks the ability to discern things or make decisions due to mental or intellectual disorder, and around 05:00 on January 25, 2014, the Defendant destroyed the accelerator’s charge charge box prepared in advance by the Fluter Plux, the Flux, the Flux, the E working for the Flux, E, and indicated the victim G, the victim G, who entered the facility, as “Y” (E). However, according to the statement statement of the police and the statement of E in the written statement, G is the owner of the damaged goods and E, and E is merely an employee of the gas station and it is deemed that there is no concern that G would be any substantial disadvantage to the Defendant’s exercise of the Defendant’s right to defense. Accordingly, without following the amendment of the indictment, the victim’s alteration from E to G is recognized.

A total of approximately KRW 300,000 per share of KRW 500 per share, which was stolen, was cut off. From March 7, 2013 to March 26, 2014 in the same manner as shown in the attached list of crimes, all of the amount of KRW 2,635,00 per share over 17 times, as shown in the attached list of crimes, was cut off habitually.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on H, I, J, E, K, L, M, N,O, and P;

1. Each written statement of Q, E, R, S, T, U,V, and W;

1. Records of seizure and the list of seizure;

1. On-site photographs of X gas stations, photographs of CCTV images, A, etc. (No. 11), each field photograph (No. 42,45,54,56,61) and each field photograph (No. 51,58).

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