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(영문) 수원지방법원 평택지원 2019.06.28 2019고단504
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal power] On November 2, 2007, the Defendant was sentenced to nine months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was sentenced to two years of imprisonment for the same crime at the Seoul Central District Court on December 11, 2008. On September 23, 2015, the Seoul High Court sentenced six years of imprisonment for the same crime. On February 16, 2017, the Suwon District Court sentenced two years of imprisonment for the same crime and completed the execution of the sentence in the female prison on January 26, 2019.

【Criminal Facts】

On April 12, 2019, the Defendant: (a) discovered the victim D who withdraws cash from the head office of the CUnion located in Ansan-si B; (b) stolen and eating the said cash; and (c) opened a bank where the victim was recorded by using any gap in the surveillance of the victim inside the CUnion in Ansan-si E at around 14:21 on the same day, and removed the sub-lease containing 6.5 million won in cash.

around 14:35 on March 30, 2019, the Defendant, “2019 Man-Ma690,” committed a theft by opening another victim’s bank and cutting off a yellow dust wall containing one copy of the resident registration certificate, etc. by approaching the victim’s H in Pyeongtaek-si G market.

Summary of Evidence

"2019 Highest 504"

1. Defendant's legal statement;

1. Written statements of D;

1. Seizure record and list;

1. Investigation report (patching and suspect criminal investigation), field photographs "2019 order690";

1. Defendant's legal statement;

1. A H statement;

1. On-site reports (CCTV investigation) (Before marketing);

1. Inquiry reports on criminal records, investigation reports (Attachment to the current status of confinement by individual), and application of a copy of judgment to statutes;

1. The prosecutor stated the applicable provisions of Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as "Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act" with regard to criminal facts as "Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes

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