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(영문) 수원지방법원 안산지원 2016.02.05 2015고합281 (1)
특정범죄가중처벌등에관한법률위반(절도)
Text

1. The defendant shall be punished by imprisonment for three years;

2. The seized date divers shall be confiscated, one thrower and two turned on an emergency warning unit shall be confiscated;

Reasons

Punishment of the crime

1. On May 17, 2012, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul High Court on March 17, 2012, and was sentenced to three years and six months, and on July 2, 2015, more than five times the record of having been sentenced to punishment for a larceny crime.

2. On August 6, 2015, around 11:37:11:50 on August 6, 2015, the Defendant: (a) came to the house of the victim D located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon; (b) laid down the locker in the creh of the entrance; (c) laid down the locker into the house; and (d) brought about one cash 200,000 won on the receipt book.

In addition, the Defendant habitually committed an attempted theft or theft of another’s property 26 times during the period from October 12, 2015, as shown in the [Attachment Table] between October 12, 2015.

Summary of Evidence

1. Crimes indicated in judgment;

(a) Statement by the defendant in court;

(b)each written statement of E, F, D, G, H, I, J, K, L, M, M, N, P, Q, R, S, T, U, V, X, Y, Z, AA, AB, and AC;

(c) Police seizure records;

(d) Reporting on the results of field meals;

(e) Each photograph;

F. Police investigation report (as to confirmation of the amount of damage)

2. The records of the offense;

(a) An inquiry report;

(b) Prosecution investigation report (verification of suspect, repeated crime, etc.);

3. In light of the following: (a) the habitual criminal defendant committed the instant crime more than six times during which he/she was punished as a larceny; and (b) his/her history of receiving juvenile protective disposition was shown more than three times; (c) the criminal defendant committed the instant crime repeatedly over 26 times during the period of repeated crime, which has not yet been finally executed; and (d) the method of committing the instant crime is similar, the criminal defendant is deemed to have a habitive wall for the larceny crime.

Application of Statutes

1. Relevant Articles 332, 329, and 342 of the Criminal Act concerning the facts constituting an offense (a comprehensive selection of imprisonment, with prison labor);

2. Article 35 of the Criminal Act for aggravated repeated crimes;

3. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment; and

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