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(영문) 수원지방법원 안산지원 2018.07.12 2018고합150
특정범죄가중처벌등에관한법률위반(절도)
Text

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

One fact that has been seized (No. 1), one fact that has been extracted from No. 1 (No. 2), one fact that has been extracted from No. 1 (No. 2), and small.

Reasons

Criminal facts

【The Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court on August 25, 2005, and on November 15, 2013, the Seoul Southern District Court sentenced the Defendant to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Seoul Southern District Court on the Aggravated Punishment, etc. on November 15, 2013, filed a petition for reexamination of the same, and completed the execution of the sentence on June 18, 2016.

【Around 16:30 on April 17, 2018, the Defendant opened a gate which is not corrected in the state of factory space managed by the C, the Victim Co., Ltd., or opened a gate by putting it up in the entrance gate corrected by using dracks (No. 2 and 3) and dracks (No. 4), etc., and brought it out by opening the entrance in the entrance 1,500 water flicks installed in the toilet and the kitchen kitchen, and bringing it out by opening 11 (a total of 16,500 won).

As a result, the Defendant was sentenced twice or more to the crimes under Articles 329 through 331 of the Criminal Act, and again stolen the victim's property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Police seizure records;

1. Report on investigation (Confirmation of the company managing the place of crime);

1. On-site photographs;

1. Previous convictions: Inquiry into criminal history, each investigation report (the attachment of previous convictions and confirmation of the record of repeated crimes);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing the theftproof in light of the records of each crime, the number of crimes, the frequency of crimes, and the same kind of crime, which, within a short time after the execution of the sentence is completed, repeats the same kind of crime;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

1. Habitual larceny, etc. of Article 35 of the Criminal Act (amended by Presidential Decree No. 2010, Jun. 18, 2016) (hereinafter “Aggravated Punishment”) is deemed to have been completed.

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