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(영문) 수원지방법원 안양지원 2018.11.13 2018고단1175
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Records] The defendant is sentenced to imprisonment with prison labor for larceny at the Seoul Central District Court on February 23, 1979; imprisonment with prison labor for one year at the Seoul Central District Court on October 14, 1980; imprisonment with prison labor for larceny at the Seoul Central District Court on May 11, 1982; 1 year at the Seoul Central District Court on May 11, 1982; and 1983

8. On March 11, 1986, the Seoul Eastern District Court sentenced imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court on September 17, 1993; two years from imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Eastern District Court on November 21, 200; two years from imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the cost of floodon March 25, 200; two years from imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the cost of floodon March 25, 200; imprisonment with prison labor for a violation of the Act on June 7, 2006; and imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Central District Court on March 16, 2007.

[2] On June 10, 2018, Defendant 1, who was sentenced to imprisonment three or more times with prison labor due to larceny, etc., attempted to steal property by inserting hand on the part of the victim B in front of the railing market at the Yecheon-si, Gyeong-si, 107 as well as on the part of the victim B, but failed to commit an attempted crime, even though it did not go through the wind that is discovered to the victim, at least 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 against B;

1. Seizure records;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current status of personal expropriations;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 342 and 329 of the Criminal Act concerning the crime committed;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 53 of the Criminal Act for mitigation of amount;

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