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(영문) 수원지방법원 평택지원 2018.10.19 2018고합136
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for four years.

Seized evidence No. 1 shall be returned to the victim's name unrefilled person.

Reasons

Punishment of the crime

On May 25, 199, the Defendant was sentenced to 10 months of imprisonment with prison labor for special larceny, etc. at a flood control center on May 25, 199; on January 22, 2003, the same court was sentenced to 8 months of imprisonment with prison labor for larceny; on December 13, 2006, the same court was sentenced to 6 months of imprisonment with prison labor for larceny, etc. at the same court on March 28, 2008; on September 25, 2009, the Defendant was sentenced to 1 year and 6 months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the same court on November 17, 201, and completed the last sentence of larceny with the imprisonment with prison labor for 3 years and 6 years at the same court on December 13, 2016.

On July 7, 2018, the Defendant discovered a white MPB bicycle in an amount equivalent to 500,000 won at the market price of the victim's possession, which was corrected adjacent to the wooden fence, and cut the bicycle with the cutting machine in advance, and cut the bicycle, and then cut the bicycle from around that time to early September 2018, and cut the property worth KRW 7,790,000 in total at KRW 11,00,000,000, as shown in the list of crimes in the attached list of crimes, from around that time, the Defendant: (a) cut the bicycle using the cutting machine, which was located adjacent to the wooden fence; and (b) cut the bicycle.

As a result, the Defendant was sentenced to larceny twice or more times, and habitually stolen another’s property within three years after the execution of the punishment was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of C, D, E, F, G, H, I, J, K, and L;

1. All on-site photographs;

1. Report of investigation (as to the details of the victim’s search and seizure of the bicycle)

1. Previous convictions: A reply to inquiries, such as criminal history, a copy of each written judgment, and output verifying the acceptance of the suspect;

1. Habituality of judgment: The records of each crime in the judgment, the number of crimes, the frequency of crimes, and the same kind of crimes are repeated in a planned manner;

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