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(영문) 수원지방법원 2013.08.20 2013고합440
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for three years.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On September 7, 2006, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon District Court on April 8, 2009, and was sentenced to two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon District Court on April 8, 2009, and was sentenced to two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, on February 2

【Criminal Facts】

1. On February 2013, the Defendant habitually discovered and stolen the key corresponding to KRW 20,00,000 in the market price, including the key of the entrance door, etc., in the main gate of the victim D located in Suwon-si, Suwon-si, Suwon-si, around February 1, 2013, around early February 1, 2013.

2. Around April 22, 2013, the Defendant habitually discovered the key of the victim F, who was at around 12:14 April 22, 2013, and found the door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, and attempted to steal the victim’s object, but attempted to steal the victim’s object, and waived the crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D;

1. Seizure records;

1. On-site photographs and photographs of the damaged site;

1. Previous records of judgment: Criminal history records, inquiry reports, and investigation reports (verification of the date of release and examination of the identity of the rate of punishment);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the fact that each crime history, method of crime and the same kind of crime in the judgment are repeated several times;

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 329 and 342 of the Criminal Act concerning the crime (generality, choice of limited imprisonment);

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The scope of applicable sentences: Imprisonment for a term of three years or more to twenty-five years;

2. Application of the sentencing criteria (determination of types) shall be the larceny.

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