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(영문) 인천지방법원 2018.05.16 2017고단8611
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On September 30, 2010, the Defendant was sentenced to three years of imprisonment with prison labor for larceny at the Incheon District Court, and the judgment became final and conclusive on October 8, 2010. However, on May 2, 2011, the above suspended sentence was revoked, and the execution of the sentence was terminated on January 19, 2012. On April 18, 2014, the Seoul High Court was sentenced to one year and six months of imprisonment with prison labor for larceny, etc. and completed the execution of the sentence on April 8, 2015. On November 17, 2016, the Defendant was sentenced to six months of imprisonment with prison labor at the Incheon District Court as larceny and completed the execution of the sentence on April 3, 2017.

[2] On August 23, 2017, the Defendant: (a) committed a theft of the victim E, the owner of the convenience store, at the D convenience store located in Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, with one "Dakkkkkkkkkkkkk's market price equivalent to KRW 2,500, which was the victim's possession."

"2017 Highest 8824"

1. On November 4, 2017, around 14:57, the Defendant cut off the victim’s H store located in Bupyeong-gu Incheon Metropolitan City, with one point at each of the following points: (a) the sum of the market prices owned by the victim and displayed in front of the victim’s H store located in Bupyeong-gu, Incheon; (b) 139,700 won in total; and (c) the first half of the marketing line; and (d) the second half of the marketing line.

2. On November 17, 2017, at around 18:50 on November 17, 2017, the Defendant attempted to take one point at the market price equivalent to 29,900 won owned by the victim in the same manner in the same manner, but did not come to an attempted attempt without giving rise to the wind known to the victim.

Summary of Evidence

1. Before judgment: Investigation report (before the same type of crime and repeated crime, review of the rate of criminal names), copy of the judgment, and the result of personal confinement, "2017 Highest 8611";

1. Statement by the defendant in court;

1. E’s written statement “2017 Height 8824;

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and the aggravated punishment, etc. for specific crimes, for which the relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment are applicable.

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