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(영문) 춘천지방법원 영월지원 2013.05.21 2013고단55
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1, 2, 4 or 5 shall be confiscated.

Reasons

Punishment of the crime

The defendant 2013

1. From January 201, 201, around 01:00, the Plaintiff: (a) opened a marule (i.e., extraction) in which the fuel fluor was prepared in advance at the site of the car selling company located in C in the Republic of Korea; (b) opened rubber mar from the site of the car selling company located in C; and (c) laid rubber mars into the fuel in the fuel in the fuel fluoring machine; and (d) laid down the rubber 400 liter via the victim E in the plastic box after deducting the 400 mar in the fuel fluoring machine; and (c) habitually cut off the transit amounting to KRW 15,898,00 in

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

1. Each damage statement of I, E, J, K, L, M, N, andO;

1. Seizure records;

1. A copy of set of records on the crime scene A;

1. A letter of on-site confirmation of each damage scene, a land category photograph A, a photograph of a vehicle for the site of the case, a field photograph of the case site, a photograph of each theft incident site and on-site photograph

1. Each investigation report (specific relation to a motor vehicle model for use, obtaining pictures on a theft site, specific relation to a motor vehicle for use, additional verification of a theft case for witnesses P, relative investigation for witnesses P, confirmation of a small river theft site in the same jurisdiction, confirmation of the victim Q phone, details of the victim Q phone, confirmation of victims on the development of a housing site, confirmation of victims on the development site, relation to the victim T-S, on-site investigation);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the period of crime, method of crime, frequency of crime, and the fact that the same kind of crime has been committed several times in a planned manner;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts, and Article 329 of the Criminal Act;

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 the recommended sentence on the sentencing criteria [decision of types] the scope of the sentence [decision of the recommended area] for habitual and repeated larceny (decision of the recommended area] basic area [the scope of the recommendation area] from 2 years to 4 years [the general person] mitigation factors: Livelihood-type crime and serious reflector;

2. Determination of sentence;

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