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(영문) 춘천지방법원 원주지원 2017.04.13 2017고단216
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence Nos. 7, 8, and 9 shall be confiscated from the accused.

Reasons

Punishment of the crime

On March 14, 2008, the Defendant was sentenced to imprisonment with prison labor for a maximum of one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and for a short of one year for a short term of one. On October 19, 2012, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. in the Young River Support of the Chuncheon District Court on October 19, 2012. On March 29, 2016, the Defendant was sentenced to imprisonment with prison labor for a one-year term for a main branch of the Chuncheon District Court on February 4, 2017.

On February 2, 2017, the Defendant: (a) opened a driver’s seat by inserting the key hole of a non-filled cargo vehicle parked on the road in front of the Yaung apartment apartment, which is a non-victim owned by the victim; (b) cutting off 7 A of the instant victim’s market price at KRW 31,500, which is the victim’s 31,500. From around that time to February 25, 2017, the Defendant stolen or attempted to steals the victims’ property on nine occasions, such as the list of crimes, from around that time, until February 25, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and D;

1. Each protocol of seizure and the list of seizure;

1. Each investigation report (for example, 4, 5, 8 through 11, 14, 19, 23) ;

1. Previous convictions in judgment: References to inquiries, such as criminal history, and application of Acts and subordinate statutes;

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. 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. Reasons for sentencing under Article 48(1)1 of the Confiscation Criminal Act [the scope of recommendation] [the grounds for sentencing] of Article 48(1)1 of the Specific Crime Aggravated Punishment Act has no basic area (two to four years) (two to four years) (the person who is subject to special sentencing] [the decision of sentencing] of the defendant, the degree of damage is not severe, and most of the crimes were crimes of livelihood. However, the same type of crime is considered to have been committed.

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