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(영문) 대전지방법원 2016.10.13 2016고단1922
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 11, 2005, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny in the Suwon District Court or Suwon District Court or for 10 months, and was sentenced to 3 months of imprisonment with prison labor for the same crime at the Incheon District Court on August 1, 2007; on December 8, 2010, sentenced to 1 year and 6 months of imprisonment with prison labor for the same crime at the Suwon District Court or on December 7, 2012; on April 24, 2015, the Defendant was sentenced to 2 years of imprisonment with prison labor for the same crime at the same court; on August 29, 2015, the execution of the sentence was completed at the Ansan Prison on August 29, 2015; on May 3, 2016, the Daejeon District Court was sentenced to 1 year of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. (Larceny).

1. On January 1, 2016, the Defendant opened a vehicle door that was parked by the victim D in front of the Suwon-si C Building at Suwon-si, and went through a vehicle registration certificate, a motor vehicle comprehensive inspection result sheet, a promissory note, etc. and stolen it.

2. Around 00:30 on January 7, 2016, the Defendant: (a) opened a door of a vehicle parked by the victim G from the Sinsan City F without correction of the H vehicle parked by the victim G; and (b) opened the vehicle with the goods to be stolen, the Defendant got the victim from the vehicle theft alert and put the vehicle to an attempted attempt.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of G and D;

1. A report on investigation (or a relative investigation of a victim);

1. Report of investigation (as to specific suspect),

1. Automobile registration certificate and results of comprehensive automobile inspection;

1. Each photograph;

1. Previous records: Application of Acts and subordinate statutes of one copy of the status of confinement by individuals, investigation reports (Attachment to written judgments), criminal records, and one copy of the judgment ( Daejeon District Court Decision 2016No678);

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 among repeated crimes;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes

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