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(영문) 의정부지방법원 2011.11.28 2011고단1142 (1)
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

Punishment of the crime

The defendant is a person who engages in distribution business under the trade name of Pyeongtaek-si D.

around January 27, 2011, the Defendant, even though he was aware of the fact that 415,00 won of the market price stolen by Co-Defendant E and F in the above D warehouse was about 4,15,000 won, 7, 154,000 won of the market price, 2, etc., and 154,00 won of the price, as described in the list of crimes.

4. By 28.25 times in total, he purchased stolen amounting to KRW 20,108,40 of the market price.

Accordingly, the defendant habitually acquired stolen goods.

Summary of Evidence

1. Defendant's legal statement;

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

1. The prosecutor's interrogation protocol of the accused;

1. A copy of a bankbook;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the methods of each crime, frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (4) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 363 of the Criminal Act, and the choice of limited imprisonment concerning the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 21, 201; Supreme Court Decision 201Da1448, Apr. 2, 201; Supreme Court Decision 201Da1148, Apr

1. It is so decided as per Disposition on the grounds of not less than Article 62 (1) of the Criminal Act (recognisive consideration in the preceding sentence);

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