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(영문) 의정부지방법원 2012.06.28 2012고단1054
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Articles listed in Nos. 3 and 9 through 14 shall be confiscated.

Reasons

Punishment of the crime

The defendant was sentenced to one year of imprisonment for larceny at the Incheon District Court on August 19, 192; on April 2, 1996, the defendant was sentenced to one year of imprisonment for special larceny; on April 19, 200, the Incheon District Court sentenced to two years and six months of imprisonment for special larceny, etc.; on September 25, 2006, on September 25, 2006, the defendant was sentenced to three years of suspended sentence for one year of imprisonment for larceny; and on April 22, 2008, the period of suspended sentence, one year of imprisonment for special larceny at the Incheon District Court on April 22, 2008.

5. A person who has completed the execution of a sentence on December 6, 2009, with his/her name and incompetence, after the suspension of execution becomes void due to the confirmation of the sentence;

1. On April 16, 2012, 1:20 on the front way of the Da Sports Center located in the Mad Sports Center located in the Government of Jung-si on April 16, 2012: (a) the influor of the name is driving the E frame 100 liters, where oil and rubber stuffs, etc. are installed; (b) the victim’s G dump truck truck’s fuel cycle is opened as an influoring tool; and (c) the rubber stuffs are collected, and the oil is promptly fluored by operating the dump truck installed in the above fluor; and (d) the Defendant stealss the 270 liter via the market price equivalent to 493,000,000 won owned by the victim, from which the dump oil is deducted.

2. The victim H’s I dump truck owned at the same time and at the same place constituted theft of 180 liters via the market price of at least 33,00 won.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each statement of F and H;

1. Each protocol of seizure and the list of seizure;

1. Internal photographs, etc. of the vehicle (Evidence No. 5, 15, 16);

1. Each investigation report (No. 25, 26, 37 No. 136 of the evidence list);

1. Copy of oil receipt; and

1. Previous convictions in judgment: The application of Acts and subordinate statutes of criminal records and investigation reports (No. 18,58 on the evidence list);

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 (2) and Article 331 (1) of the Criminal Act concerning the relevant criminal facts;

1. The proviso of Article 35 and the proviso of Article 42 of the Criminal Act among repeated crimes:

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