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(영문) 수원지방법원 안산지원 2014.01.17 2013고합366
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On May 17, 1991, the defendant was subject to juvenile protective disposition by the Incheon District Court for larceny. On November 11, 1993, the Incheon District Court sentenced 8 months to imprisonment by special larceny, etc. on August 10, 1995, the Incheon District Court sentenced 10 months to imprisonment with prison labor for larceny, etc. on August 10, 1995, the Incheon District Court sentenced 10 months from April 29, 200, the Incheon District Court sentenced 1 year and 6 months from imprisonment with prison labor for night building intrusion larceny at the Incheon District Court, and 2 months from December 19, 200 to 8 months from imprisonment with prison labor for night residence intrusion larceny at the Incheon District Court's Dacheon Branch Branch of the Incheon District Court on February 18, 2009, and sentenced 16 years from the Incheon District Court on February 10, 2010 to 13 years from the Incheon District Court on the Aggravated Punishment Act (the Aggravated Punishment Act).

【Criminal Facts】

At around 04:50 on February 19, 2013, the Defendant habitually opened and intruded the “E” restaurant for the victim’s “E” of the second floor of the building C in Ansan-si, Seoul-si, Seoul-si, the Defendant: (a) opened the main glass door so far as possible; and (b) cut off the cash of KRW 100,000 on the victim’s possession, which was located in the Kabter’s treasury.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements of D;

1. Each relevant photograph, the protocol of seizure, the list of seizure (prior record on the market);

1. In full view of the criminal records, etc. inquiry reports, investigation reports (the confirmation of the fixed date and the date of release from the same offense), investigation reports (report on the result of attachment of the same criminal judgment), and criminal records as indicated in the judgment [Habitualness], criminal records, methods and frequency of the crime, and the fact that the defendant repeatedly commits the theft of this case during the period of repeated offense, etc., the defendant may be recognized as a theft habit.

Application of Statutes

1. Criminal facts;

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