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(영문) 수원지방법원 안산지원 2012.12.21 2012고단1275
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 30, 200, the Defendant sentenced 2 years to the suspended sentence of 10 months for larceny, etc., 5 million won for attempted larceny, etc. at the Seoul District Court on December 20, 200, 5 million won for a fine of 10,000 won for attempted larceny, etc. at the Suwon District Court on April 4, 2001, 8 months for imprisonment with prison labor for a maximum of 10 months, short of 8 months for attempted larceny of night buildings at night, at the Busan District Court on June 16, 2009 and 1 year and 6 months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Incheon District Court on July 2, 201, and completed the execution of the sentence at the Incheon District Court on October 1, 201.

At around June 2, 2012, the Defendant: (a) around 11:17, 201, at the second floor of the Dongjak-gu Seoul Metropolitan Government C&A C&A office, the victim D, and the victim E, in order to see the towing times, the Defendant had a 100,000 won-in-depth cell phone of the amount equivalent to 30,000 won in the market price; (b) one cellular phone of the 800,000,000 won in the market price; and (c) one card, a new card, and a lot card; and (d) 30,000,000 won in total, including a cell phone of the victim E-owned mobile phone of the amount equivalent to 30,000 won in the market price.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D and E;

1. Records of seizure and the list of seizure;

1. Previous convictions indicated in judgment: Criminal history records, probationary records, previous records of dispositions, results of confirmation, and personal identification and confinement status;

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

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts, and Article 329 of the Criminal Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Article 10(2) of the Criminal Act for the mitigation of mental disorders.

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