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(영문) 수원지방법원 안양지원 2016.10.21 2016고합145
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

In 2016, the 44th office of the Suwon District Prosecutors' Office, which was seized, shall be the 2016.

Reasons

Punishment of the crime

[criminal power] On June 7, 2007, the Defendant was sentenced to two years of imprisonment with prison labor for larceny, etc. at the Seoul Central District Court, and on March 24, 2010, the same court was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny). On June 3, 2014, the Seoul Southern District Court sentenced the Defendant to two years and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Southern District Court on May 19, 2016.

【Criminal Facts】

At around 01:30 on August 9, 2016, the Defendant: (a) placed the dracker between the gap of the first stud window of the drack engine owned by the victim C, which was parked at the same place, in the so-called So-called apartment parking lot located in Si, Si, Mapo-ro, 185-gil6; and (b) broken the dracker’s cash amounting to KRW 30,500,000 and KRW 400,000,000,000 won in the above vehicle; and (c) stolen it, from around July 21, 2016 to August 9, 2016, the Defendant attempted to steal or steal the victims’ property amounting to KRW 381,50,000,000 in total on 13 occasions, as indicated in the list of crimes.

Accordingly, the defendant habitually stolen or attempted to steals the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Second written examination of the accused by the prosecution;

1. Each police statement of E, F, G, H, I, J, C, K, L, M, N,O, and P;

1. Each on-site photograph, each CCTV image photograph, the case site photograph, and each photograph;

1. Previous convictions indicated in the judgment: Criminal history records, return reports (A) and investigation reports;

1. Habituality of the judgment: Application of Acts and subordinate statutes recognizing the theft of the same kind of crime, in light of the criminal records of the defendant including the previous conviction in the judgment, and the criminal records of the same kind within a short time after release, and the method and frequency of the crime;

1. Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 and Article 329 of the Criminal Act concerning criminal facts.

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