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(영문) 춘천지방법원 영월지원 2018.10.30 2018고단296
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2] On July 15, 2010, the Defendant was sentenced to four months of imprisonment with prison labor for larceny, etc. at the Cheongju District Court, and on November 24, 2011, the same court was sentenced to one year and four months of imprisonment with prison labor for larceny, etc. on March 27, 2014; on June 2, 2015, the Daegu District Court was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court; on April 1, 2016, the Defendant was sentenced to four months of imprisonment with prison labor for larceny; on September 22, 2016, the Daegu District Court sentenced ten months of imprisonment with prison labor for habitual larceny, etc. at the same prison on April 12, 2017, and completed the execution of the sentence from the prison on May 28, 2015.

[Criminal facts]

1. On June 28, 2018, the Defendant discovered DNA cargo trucks parked by the victim C in front of the Gangnam-gun Bel, Gangwon-gun, Gangwon-gun, Seoul Special Metropolitan City on June 28, 2018, and used the gap in which the surface of the said cargo is not unlocked, thereby causing approximately KRW 10,000 per the victim’s market price. On July 19, 2018, the Defendant: (a) discovered H cargo trucks parked by the victim G in front of the “F,” and (b) caused a theft of KRW 2,00,00,000 per the victim’s market price, using the difference in which the surface of the said cargo is not locked; and (c) caused a summary of the evidence to be discovered.

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement of C and G;

1. All on-site photographs;

1. Investigation report (related to the attachment of CCTV images recorded on the face of a crime), photographs;

1. A report on investigation (verification of the amount of damage);

1. Previous conviction: A reply to inquiry, such as criminal history, investigation report (verification of the period of repeated crime by a suspect), evidence of confinement, investigation report (verification of repeated crime by law), and copy of the judgment [the defendant did not commit larceny]. However, according to the evidence duly adopted and investigated by this court, the defendant is recorded in the criminal facts.

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