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(영문) 수원지방법원 여주지원 2019.04.29 2019고단193
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal power] On May 30, 2008, the Defendant was sentenced to imprisonment with prison labor for larceny at the Suwon District Court on March 23, 2010, with prison labor for one year and six months, and on October 24, 2012, with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Busan District Court’s Vice Branch Branch of the Incheon District Court on October 24, 2012. On December 22, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and completed the execution of the said punishment on April 26, 2018.

In addition, on November 7, 2018, the Defendant was sentenced to two years by the Suwon District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the appeal was dismissed by the Supreme Court on March 29, 2019, and the said judgment became final and conclusive.

【Criminal Facts】

1. On September 7, 2018, the Defendant: (a) opened at the street parking lot in front of the building Cdong of Heungdong-gu, Youngdong on September 7, 2018; (b) opened a door in which the victim D was parked; (c) opened a door with no correction of the Erocketing vehicle in front of the building C, the victim’s vehicle’s market price; and (d) stolen the vehicle by holding one 1,300,000,000,000,000,000,000,000, in the market price of the vehicle owned by the victim on the top of the vehicle; and (e) cutting off the vehicle with one gate with the victim’s hand room in amount to KRW 1,30,00,00,00,000

Therefore, even though the defendant was sentenced to imprisonment with prison labor for larceny more than three times, he stolen another's property during the repeated crime period.

2. The crime committed on September 15, 2018;

A. On September 15, 2018, the Defendant opened a door that does not correct HEE vehicles parked by the victim G at the F Building parking lot in the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City. On September 15, 2018, the Defendant stolen it with three credit cards, such as one bank passbook, one JBC, one security card, one document, one resident registration certificate, one resident registration certificate, and one driver’s license.

B. The Defendant on September 15, 2018

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