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(영문) 의정부지방법원 2019.09.06 2018고단4820
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On October 21, 2010, the Defendant was sentenced to six months of imprisonment with prison labor for night intrusion larceny at the Seoul Northern District Court, and was sentenced to four months of imprisonment with prison labor for night intrusion larceny at the Seoul Northern District Court on August 11, 201, and was sentenced to ten months of imprisonment with prison labor for night building intrusion larceny at the Suwon District Court on August 14, 201, and was sentenced to ten months of imprisonment with prison labor for night building intrusion larceny at the Suwon District Court on December 3, 2015, and completed the execution of the sentence in the Seoul Southern Southern Prison on June 25, 2017.

【Criminal Facts】

At around 00:55 on November 9, 2018, the Defendant: (a) opened a driver’s seat of the foregoing vehicle owned by the victim C, which was set up in the Gui-si B lending parking lot; (b) opened the driver’s seat of the said vehicle without correction; and (c) cut off with one half of the amount of KRW 100,000,000,000,000,000,000,000 won, owned by the victim, and one of the card sheets in the amount of KRW 20,000,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous records: Criminal records, inquiry reports, investigation reports (Attachment to judgments, etc. on repeated crimes), application of Acts and subordinate statutes to criminal records, investigation reports (Attachment to judgments, etc. on the same kind of power);

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

1. Circumstances favorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: The amount of damage is not relatively large, the total amount of damage was recovered, and the fact that the damage is reflectd, etc.;

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