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(영문) 수원지방법원 안산지원 2013.04.30 2013고단504
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

Around 10:10 on August 15, 2012, the Defendant: (a) committed theft with one handbag, one handbag in which the market price of the Defendant was unknown, such as the amount of KRW 200,000, the total market price of KRW 2,000,000, and the amount of KRW 18K-bag in cash owned by the victim C (hereinafter referred to as the “victim”), which was placed in the waiting room for the shuttle bus terminal located in Ansan-dong 590, Sungpo-dong, Sungpo-dong, Sungpo-dong, 590.

In addition, during the period from around that time to February 27, 2013, the Defendant stolen the victims' objects habitually over seven times, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Partial statement of the defendant;

1. The first prosecutor's protocol of examination of the accused partially;

1. Statement made to D by the police;

1. Each statement of E, F, G, H, I, and J;

1. Police seizure records;

1. Photographs related to each case (Evidence, 16 pages, 39, 62 pages, 83, 110 pages, 121, 133 pages, 142 pages);

1. Data from CCTV editing photographs;

1. On-site reports on results of field identification;

1. Each criminal place (Evidence, 41 pages, 56 pages, 75 pages, 103 pages, 113 pages, 122 pages);

1. Report on occurrence of each evidence (record 34, 77, 105, 115, 124);

1. Each investigation report (Evidence recorded 11 pages, 36 pages, 64, 137 pages, 140 pages, 170 pages, 269 pages);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime and the fact that the same kind of crime has been repeated several times;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts and Article 5-4 (1) of the same Act concerning the selection of punishment for specific crimes;

1. Determination is made as above for the following reasons: (a) the Defendant habitually repeated the crime for sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) the Defendant has no record of punishment for the same kind of crime; (c) the Defendant is against the Defendant; and (d) the Defendant has reached the instant crime due to lack of living costs.

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