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(영문) 수원지방법원 2016.06.08 2016고단1938
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Seized evidence No. 1 shall be confiscated.

The victim shall be entitled to no. 2 of seized evidence.

Reasons

Punishment of the crime

[criminal history] On January 12, 201, the Defendant was sentenced to six months of imprisonment with prison labor for special larceny, etc. at the Suwon Franchi, and on February 6, 2013, the same court was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief). On April 9, 2015, the same court was sentenced to one year of imprisonment with prison labor for larceny and completed the execution of the final sentence on February 3, 2016.

[2] On March 26, 2016, the Defendant, at around 03:20 on March 26, 2016, taken out a street from a set cleaning machine installed in the area where the victim E operated by the victim E in Suwon-si, Suwon-si.

(1) On the third third party road, after entering the said third party road and being in possession of it, he shall have a lock-out device installed in a tamp cleaning machine, and thereafter have been in the order of the next party.

20,000 won in total

In addition, from that time on April 14, 2016, the cash amounting to KRW 935,000 was stolen by intrusioning on three Deputy Commissioners or the upper points 11 times in total, such as the list of crimes in the attached Table.

Accordingly, the defendant, who was sentenced to imprisonment not less than three times with prison labor due to larceny, intrudes on another person's structure or damages a part of another's structure at night, and steals another's property by impairing another's structure.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. Written statements E, H, I, J, K, L, M, N,O, and C;

1. Seizure records;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (related to the confirmation of the period of repeated crimes), and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 330 and 331 (1) of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Confiscation Article 48(1)1 of the Criminal Act No. 1.

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