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(영문) 서울중앙지방법원 2013.09.05 2013고단4625
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Seized evidence 2 shall be confiscated.

Reasons

Punishment of the crime

On April 2013, the Defendant cut off electric wires 15,000 meters (3,00,000 won at the market price) owned by the victim E, which were installed at the construction site D, located in the early May 3, 2013.

In addition, from March 1, 2013 to July 16, 2013, the Defendant carried out construction materials, such as electric wires of 118,180,000 won at the market price, over 25 times, as shown in the annexed crime list, from March 1, 2013 to July 16, 2013.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Each police statement of G and H;

1. Statement of seizure of each police;

1. Each investigation report (Evidence List No. 41, 53, 54, 58), GPS data;

1. Application of Acts and subordinate statutes to each statement;

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 crime;

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

1. Grounds for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of the recommended punishment based on the sentencing guidelines [type of punishment] : thief; Habitual and repeated; thief; thief; and thief; and 2/4 (basic area of the recommendation] imprisonment with prison labor for not less than two years but more than four years (basic area); - Comprehensive comparison and evaluation of the grounds for suspension of execution - No major grounds for suspension of execution : No major grounds for recovery from damage - No major grounds for pride - There are no criminal records of the suspension of execution or more

2. The suspension of execution is difficult, taking into account the fact that there are many additional considerations, the number of crimes is specialized, the value of stolen goods, and the fact that considerable profits accrue from disposing of the stolen electric wires, etc. by the Defendant, etc.: Provided, That the suspension of execution does not reach the lower limit of the sentencing guidelines, taking into account the overall circumstances leading up to the Defendant’s crime, the background of the Defendant, the Defendant’s environment, and the circumstances that the Defendant had no same criminal record

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