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(영문) 의정부지방법원 2017.06.29 2017고합181
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[criminal records] On August 14, 2009, the Defendant was sentenced to three years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jung-gu District Court on the Aggravated Punishment, etc. of Specific Crimes, and was sentenced to four years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jung-gu District Court on April 19, 2013 and completed the execution of the sentence on January 18, 2017

[Criminal facts]

1. On March 11, 2017, the Defendant: (a) 08:0 on March 11, 2017, at the Eup-Myeon located in the Yacheon apartment located in the Eup-gu where the victim C was off his/her upper gate in the front-gu located in the Eup-gu where the victim C was off his/her upper part; (b) followed the victim’s moving gate in the toilet by making use of the cresh in which he/she was off his/her upper part; and (c) cut the victim by using the cresh in his/her own part; and (d) using one galthro in his/her own market value of KRW 100,000, J5 mobile phone and one resident registration certificate, one student identification card, one national physical card, and one knife card.

2. On May 9, 2017, the Defendant: (a) around 15:48, 201, in the “F singinging room” operated by the victim E at his own city, brought money and valuables worth KRW 2,461,00,000, total market price of KRW 1,000,000, which was the victim’s singing room at the seat of the victim, and KRW 300,000,000, totaled of KRW 1,000,000, and KRW 1,61,000,000,000, in one check at the seat of the Defendant, and was sentenced twice or more as larceny; and (b) subsequently, the Defendant committed larceny within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of C and G;

1. Each protocol of seizure and list of seizure, and evidence of seizure;

1. Two copies of each investigation report and each report on 112 report;

1. Six photographs of the scene of the crime and the place where the crime was committed, six copies of the photograph of seized articles, eight copies of the photograph, five photographs by cutting the CCTV in the F musical room, five photographs by cutting down the map at the emergency arrest site, one photograph of CCTV image CD, one copy of the photograph, and a photograph of seized articles;

1. A previous conviction: A written inquiry, such as criminal history, shall be made;

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