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(영문) 의정부지방법원 고양지원 2014.04.25 2014고단152
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal Power] On December 15, 2005, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jeonju District Court, which became final and conclusive on February 13, 2006, and was serving in a previous prison on June 3, 2008, and completed the sentence as a amnesty for the remaining execution on June 3, 2008.

【Criminal Facts】

Defendant,

1. From May 28, 201: (a) around 02:14 to 03:40, the victim C was in custody of the second floor of the victim C entering the installation site by means of a string door 1081-2 drown-gu Goyang-gu Goyang-si, Goyangyang-gu, Goyangyang-gu, Seoyang-gu, 101; (b) 2 to 3 poppy of iron (1.5 meters in length and 13,000 won in the market price of the dog). The victim stolen it by preparing in advance 2 to 2 to 3 handcoppy of iron; (c)

2. On June 8, 201, through a door opened in the same place as the preceding paragraph at around 01:50 to 02:16, a theft by preparing in advance an amount equivalent to the aggregate amount of KRW 675,00,00 in the market price of 2 alinium alinium 2, 200,000 (1 dinium 2,00,000) owned by the injured party D, and the amount of KRW 675,00,00 in electric wires (1 dinium 55,00) market price of KRW 275,00,000;

3. On June 17, 201, through the door located in the same place as the preceding paragraph at around 00:47 to 02:40 on June 17, 201, the Defendant prepared in advance a total amount of KRW 710,000, an amount equivalent to the total amount of KRW 110,000, and the total amount of KRW 110,000, and the total amount of KRW 110,000, an electric wire 2.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each police statement of C or D;

1. Details of damage submitted by the victim and a photograph of closure;

1. Before judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Article 329 of the Criminal Act applicable to the crimes;

1. Article 35 of the Criminal Act among repeated crimes (as to the crime of Article 1 in the market)

1. Among concurrent crimes, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is that the defendant has been sentenced to a crime of the same or similar kind in the past for a long time.

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