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(영문) 수원지방법원 2017.02.15 2016고단8315
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On February 14, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny, etc. at the Jung-gu District Court on February 14, 2013, and was sentenced to one year and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court on August 14, 2014, and completed the execution of the sentence on July 3, 2016.

[Criminal facts]

1. On December 8, 2016, the Defendant committed the crime at around 01:54 around December 2016, 2016, on the back of the “E” beverage store operated by the victim D, the victim D, who was located in the Dong-gu Government City Building C, left the door of the glass entrance, damaged the door of the store, intruded into the store, followed the account platform, safe, etc., but failed to discover money and valuables.

2. On December 12, 2016, the Defendant: (a) committed a crime around December 12, 2016, on December 12, 2016, at around 03:10, at the front of the “H” operated by the victim G located in the F of the Suwon-si, Suwon-si; (b) destroyed the glass door gate by hand several times; and (c) committed a theft with approximately KRW 70,000 in cash, which is the ownership of the victim who was under custody in the calculation unit after intrusion into the inside.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement G and D;

1. On-site photographs;

1. Previous convictions: Application of the results of inquiry, such as criminal history, investigation reports (prior convictions of defendants and repeated crimes), investigation reports (Attachment to the same type of judgment) and statutes;

1. Article 5-4 subparag. 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 342 of the Criminal Act, Article 331(1)1 of the Criminal Act, Article 5-4 subparag. 5 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331(1) of the Criminal Act, Article 331(1) of the Criminal Act concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the record that the defendant was punished several times for the same kind of crime, and thus, the defendant is released from prison immediately after he was discharged from prison.

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