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(영문) 수원지방법원 안양지원 2016.02.12 2015고단1950
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On September 206, 2006, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, and four months of imprisonment with prison labor for larceny, and one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Changwon District Court's Branch Branch of the Incheon District Court on October 17, 2008. On April 12, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Changwon Branch of the Suwon District Court's Branch of the Chuncheon District Court on March 7, 2015.

In addition, on December 18, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for larceny from the support for the care of the source of flooded area, and the judgment became final and conclusive on December 29, 2015.

1. On October 29, 2015, the Defendant for theft at night, on October 29, 2015, went into “D” located in Dong-gu, Southern-gu, dong-gu, Chungcheongnam-gu, Seoul, on October 29, 2015, and then intrudes into the victim E’s cash (the Chapter 3, 5,000 won, 5,000 won, 1,000 won, 1,000 won, 45 won), which was located in the relevant simple safe.

2. On November 5, 2015, at night, the Defendant: (a) thief on November 5, 2015; (b) 23:3:30 on November 5, 2015, the Defendant: (c) came to “G cafeteria cafeteria located in the south-dong, Southern-gu, Southern-si; (d) opened a string automatic door and intruded into it; and (e) cut off the Victim H-owned market price of KRW 31,50,00 in amount to KRW 31,50.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and H;

1. A report on internal investigation (referring to the details of arrest, etc.);

1. Each photograph;

1. Previous convictions in judgment: Inquiry about criminal history and application of each investigation report (the date of confirmation and attachment of judgment) Acts and subordinate statutes;

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “The Aggravated Punishment Act of Specific Crimes”) as to the criminal facts under the relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 5-4(5)1 of the same Act; and Article 1(2) of the former Act is applicable inasmuch as punishment becomes more minor than the former Act due to the amendment to the Act after the crime (main sentence of Article 8 and Article 1(2) of the Criminal Act). Article 330 of

1. Article 35 of the Criminal Act for aggravated repeated crimes.

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