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(영문) 의정부지방법원 2012.05.25 2011고단1142 (2)
특정범죄가중처벌등에관한법률위반(절도)
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

On January 27, 201, at around 17:47, the Defendant, along with Co-Defendant C before separation, was waiting in the vicinity of the Republic of Korea. The Defendant, as if having purchased an article, was waiting in the Republic of Korea, and C, as if having entered the said D E, was displayed in the display site, stolen goods equivalent to KRW 51,00,00 in total over 45 times in total, as shown in the attached list of crimes, of KRW 45,00 in total.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of Co-defendant C and F before separation;

1. The police statement concerning G;

1. Records of seizure and the list of seizure;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 30 of the Criminal Act concerning the crime committed;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the degree of participation in the instant case is relatively weak, the total amount of damage is not significant, the payment of half of the amount of damage is made by agreement with most victims, and the victims are not punished by the Defendant in agreement with the victims)

1. The portion not guilty under Article 62(1) of the Criminal Act (the circumstances mentioned in the preceding sentence and the fact that the case was previously detained for not less than 6 months);

1. The summary of the facts charged is that the Defendant purchased a forged credit card with H, I, and H and I, purchased tobacco in a large amount using the card, and the Defendant disposed of the purchased tobacco, and then made profits therefrom.

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