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(영문) 인천지방법원 부천지원 2014.08.14 2014고단1305
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 or 2 shall be forfeited from the defendant.

Reasons

Punishment of the crime

On April 23, 1998, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. from the Busan District Court Branch Branch of the Incheon District Court on December 12, 2003 to a fine of three million won for larceny, etc. from the Incheon District Court Branch of the Incheon District Court on December 12, 2003, and four years from the Seoul High Court on October 29, 2005 to a special larceny, etc.

On April 25, 2014, at around 00:20, the Defendant: (a) intruded into the office beyond the fenced by the victim D (E) operated by Seocheon-gu, Seocheon-gu, Seocheon-gu; (b) and (c) did not commit a theft on the part of 24 occasions from September 20, 2013 to June 4, 2014, with cash equivalent to KRW 1,000,000,000, which was the victim’s possession, stored in the credit cooperative of the office; and (d) did not commit a theft on the part of 5,000,000 won from the victim’s 24th to June 20, 2014; and (e) did not commit a theft on the part of 5,000 won from the victim.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Each statement of G, D, H, I, K, K, L, M, M, N, P, Q, R, T, U, V, M, X,Y, Z, AB, AC, AD, AD, AE, and AF

1. Each police record and each list of seizure;

1. Each CCTV image data;

1. Previous convictions in judgment: Criminal history records, investigation reports (attached to written judgments);

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329, 330, 331 (1), and 342 of the Criminal Act concerning the crime (Selection of Imprisonment with Labor for Imprisonment);

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

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is four times the criminal records of the defendant for the reason of sentencing, the defendant committed the larceny repeatedly, and the method of punishment can also be criticized, and the defendant corrected part of the amount of damage and bicycle racing.

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