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(영문) 청주지방법원 충주지원 2013.07.19 2013고단305
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in daily work without a fixed residence.

The Defendant, while working as an employee from D in the Chungcheong City City, committed an attempt to steal others' goods in order to prepare various tools, etc. to appropriate living expenses and to carry out the former environment-making crafts.

The Defendant: (a) Between May 22, 2013 and around 05:25:25 on the same day, at the construction site of Chungcheongnam-si, Chungcheongnam-si, and at the construction site of Chungcheong-si, the Defendant used a cresh without any cresh; (b) used tools and materials of nine types, such as tools and materials at the victim F, the market price of which is equivalent to KRW 400,000,000,000 in the victim F, for five tools and materials of five types, such as tools and materials at the victim’s market price of KRW 630,00,000,000; (c) five tools and materials of five types, such as a 11 type of tools and materials, such as 4.2 million, at the victim’s market price of KRW 4.26,00,000, in total, consisting of 301,000,000,000 won in water pumps owned by the victim; (d) 3613.

5. Until December 28, 2000, up to 14 times in total, the construction sections, construction materials, etc. totaling KRW 18.7 million were cut off and stolen.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The suspect interrogation protocol of the police against K;

1. Statement of the police concerning L;

1. Each statement;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Investigation report (specific as a suspect), mobile CCTV reading after committing a suspect;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the defendant's criminal records, the number of crimes committed, the frequency of crimes, and the fact that the same kind of crimes continues to be repeated;

1. Relevant provisions concerning facts constituting an offense;

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