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(영문) 의정부지방법원 고양지원 2014.08.21 2014고단1103
특정범죄가중처벌등에관한법률위반(절도)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Criminal facts

On October 6, 2004, the Defendant was sentenced to a suspended sentence of 2 years and 3 years of imprisonment with prison labor for night, intrusion upon residence, larceny, etc. in the Goyang Branch of the District Court, and on January 24, 2007, the Defendant was sentenced to a suspended sentence of 1 year and 6 months of imprisonment with prison labor for special larceny, etc. in the Seoul Southern District Court.

In addition, on November 2, 2011, the Defendant was sentenced to two years by the Seoul Western District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on September 16, 2013.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) around 05:00 on November 28, 2013, the Defendant got off the key of the clothes No. 163, which was suffering from the victim E's handbs of the victim who was in his place, and opened the clothes No. 163, and opened the clothes to the victim's MPM reflect wall(200,000,000 (50,000 won, 43, 10,000 won), with cash 2,160,000 won (50,000 won, 43, 10,000 won), new bank check, bank check card, agricultural bank physical card, agricultural bank physical card, and physical card.

Accordingly, the defendant habitually stolen another person's goods.

2. Around 10:58 on November 28, 2013, the Defendant attempted to take over the 10,000 square meters of her age-sports from the victim, her employees, and her employees, she failed to take over the her card from the “G” located in Yongsan-gu, Yongsan-gu, U.S., U.S. on the part of the Defendant, as set forth in paragraph (1). However, the Defendant attempted to take over the her age-sports 1,00 square meters of her employees (on a market price of approximately KRW 100,00,000), but failed to take the her account of the lack of the balance of the passbook.

Summary of Evidence

1. Statement by the defendant in court;

2. E statements;

3. A statement of investigation status (No. 30 No. 50), a report on occurrence (Evidence List No. 1), a report on internal investigation (Evidence List No. 3), and a report on investigation (Evidence List No. 4);

4. Previous records before ruling: Criminal history records, probationary records, identification status, investigation reports (No. 32 No. 5 of the evidence list).

5. Habituality: the number of criminal records of the first head in the ruling;

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