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(영문) 수원지방법원 성남지원 2013.05.02 2013고합46
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On July 5, 2002, the Defendant was sentenced to imprisonment for one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Suwon District Court's Sungnam Branch, and the execution thereof was terminated. On November 10, 2005, the Seoul Central District Court sentenced one year and nine months to imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution thereof. On April 9, 2009, the Seoul Western District Court sentenced three years to imprisonment for the violation of the Act on the Aggravated Punishment, etc., of Specific Crimes (Larceny) at the said Seoul Western District Court on April 4, 2012.

In order to raise living expenses, the defendant was able to open the door of another person's vehicle parked on the road at night and to steal cash by entering the door.

1. At around 23:00 on November 19, 2012, the Defendant: (a) opened a door to string in the manner of cutting off the string in the form of the string of the FDamp car owned by the victim E, which was parked in front of the Dambus specified in the Gyeonggi-si Si, with the 50,000 won in cash owned by E, by putting the string of the string in the shape of the string line; and (b) putting the string in the string line by sticking the string line into the locking system; and (c) cutting off the string line with

2. On January 2, 2013, around 22:30, the Defendant: (a) opened a motor vehicle door in the shape of the victim H, which was parked in front of the G apartment 704 dong-si, Gyeonggi-si; (b) opened the motor vehicle door by sticking the string of the string to the locking device; (c) opened the string of the string, and cut off the string with KRW 191,800 in cash owned by the victim H, which was located there.

As a result, the Defendant habitually stolen a total of KRW 241,80.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of E and H prepared;

1. Each report on creation of evidence (the pages, No. 216, No. 237 of the evidence records);

1. Previous records: A inquiry report on criminal records, etc., a copy of the judgment rendered by the Seoul Western District Court 2009Gohap19, and the current status of personal identification and confinement;

1. Habituality: The history of the crime, the method of the crime;

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