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(영문) 의정부지방법원 2017.02.03 2016고단5500
특정범죄가중처벌등에관한법률위반(절도)등
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal history] On July 8, 201, the Defendant was sentenced to 10 months of imprisonment with prison labor and 300,000 won of fine due to night residence intrusion larceny, etc. at the Changwon District Court Branch, and on August 16, 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 (Larceny) at the Seoul Northern District Court. On September 11, 2015, the Defendant was sentenced to imprisonment with prison labor for a year and 4 months from the Incheon District Court’s subsidiary branch, and completed the execution of the sentence on August 19, 2016.

[Criminal facts]

1. On December 13, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) around 03:50, the Defendant: (a) up to 303, 00,000 won in cash in the victim E-owner of the victim E, who was placed on the table located between the bed; (b) one LGV 200,000 won in the market price; (c) one LGV 1 and 14K 1 in the galth of 50,000,000 won in the market price; (d) one galth of 70,000,000 won in the market price of the victim F, in the galth of galth of A7,000,000 won in the market price of the victim; (b) up to 05,000,000,000 won in the parking lot after being placed in the victim E-owned.

2. The Defendant, who violated the Road Traffic Act (unlicensed Driving) started at the time and place specified in paragraph 1, and driven a motor vehicle at approximately 100 km section near the Seocho-gu Seoul Metropolitan Government Southern Terminal to drive the motor vehicle without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and F;

1. Protocols of seizure and list of seized articles and photographs thereof;

1. Each investigation report and theft report;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a copy of each written judgment, and the application of statutes on the acceptance of individuals;

1. The relevant Article of the Criminal Act and the aggravated punishment of specific crimes as to the choice of punishment.

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