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(영문) 수원지방법원 여주지원 2012.11.02 2012고단750
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one and half years.

A letter of provisional use (Evidence 1) seized by the defendant shall be confiscated.

Reasons

Punishment of the crime

On April 8, 2004, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Seoul Southern District Court, and was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Jung-gu District Court on June 22, 2006, and was sentenced to three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Chungcheong District Court on December 12, 2008, and was sentenced to three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gyeyang-gu District Court on November 18, 2009 and completed the execution of the final sentence in the Ansan Prison on May 23, 2012.

On August 31, 2012, around 02:05, the Defendant attempted to steal property by opening a steel cooperative installed on the left side of the store boom, using the upper part that the victim prepared to complete the business and have returned crebs in advance. However, on August 31, 2012, the Defendant failed to keep the property such as cash or other property in custody and failed to commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement;

1. Records of seizure and the list of seizure;

1. On-site photographs;

1. Previous records of judgment: Application of Acts and subordinate statutes to inquiry reports, inquiry reports, inquiry reports, investigation reports (former records and attachment reports of judgment), such as criminal records;

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 342 and 331 (1)

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. For the reason of sentencing under Article 48(1)1 of the Criminal Act, the crime in this case constitutes the larceny type 1 of habitual larceny type in the sentencing guidelines.

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