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(영문) 수원지방법원 평택지원 2017.09.13 2017고단1578
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

The date of seizure (No. 2) divers (No. 2) shall be confiscated.

Reasons

Punishment of the crime

[2] On September 29, 2009, the Defendant was sentenced to imprisonment with labor for a maximum of one year and ten months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Support for Ingresponding Party of the Suwon District Court on October 21, 2014, the Defendant was sentenced to imprisonment with labor for a year and a fine of 1.5 million won for larceny, etc. on October 21, 2014. On June 29, 2016, the Defendant was sentenced to imprisonment with labor for a year and a fine of 1.5 million won for a crime of larceny and completed the execution of the sentence in the Ansan Prison on July 6, 2017.

[2] On July 28, 2017, the Defendant: (a) at the making soup room in Pyeongtaek-si Co., Ltd. around 02:00, the Defendant committed a theft with LG smartphone in an amount equivalent to KRW 1,951,00 in total on 11 occasions from that time until August 2, 2017, with the victim’s market price located adjacent to another victim’s (1,00,000 won), and subsequently attempted to steal or steal property worth KRW 1,951,000 in total, as indicated in the list of crimes in the attached Table.

Accordingly, the defendant attempted to steal or steal the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Each statement of F, G, H, E, I, J, K, L, M, N, andO;

1. Each photograph;

1. Previous records: References to inquiries, investigation reports (Attachment to relevant judgments during the period of repeated crimes of suspects), application of Acts and subordinate statutes to criminal investigation reports (Attachment to judgments of the same kind of suspect records);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act concerning the crime under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 342 and 329 of the Criminal Act;

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

A. The first type of the crime [the scope of a recommendation] is a type of larceny under the Specific Crimes Aggravated Punishment Act (joint and repeated theft).

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