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(영문) 수원지방법원 안양지원 2020.04.03 2020고합9
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Seized evidence 1 through 4 shall be confiscated, respectively.

Reasons

Punishment of the crime

[criminal power] On February 15, 2007, the Defendant was sentenced to imprisonment for one year and six months with prison labor for night, intrusion upon residence, larceny, etc. at the Suwon District Court's Ansan Branch on May 30, 2007; imprisonment for larceny, etc. at the Suwon District Court's Ansan Branch on September 29, 2009; imprisonment for eight months with prison labor for larceny at the Jeonju District Court's Jeonju District Court on October 1, 2010; imprisonment for ten months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny); imprisonment for one year and six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Daejeon District Court's Ansan Branch on August 13, 2012; imprisonment with prison labor for one year and six months from the Suwon District Court's Gyeyang Branch on June 11, 2015 to the Daejeon District Court's branch on March 31, 2017.

【Criminal Facts】

On August 5, 2019, the Defendant: (a) cut the electric wires, which were prepared to take a telegraph pole, owned by the Korean Electric Power Company of the Victim, and then cut the electric wires, and then cut the electric wires of the same Ra in the opposite parts, then cut off approximately KRW 36 meters at the market price of KRW 592,829; and (b) cut off the electric wires of the same 592,829, from around that time to January 5, 2020, the Defendant cut off the electric wires of KRW 7,563,929, totaling 12 times from the king-si and king-si, as indicated in the list of crimes in the attached Table.

As a result, the defendant was sentenced to punishment more than twice due to larceny, etc., and was habitually punished by larceny within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

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

1. Investigation report (verification of leisure in a entertainment area and on-site verification), investigation report (the list of crimes committed);

1. A thief photograph;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the records of the same kind of crime as a suspect), and personal confinement status;

1. Habituality of the judgment: Each criminal history, method of crime, and method of crime in the judgment.

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