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(영문) 수원지방법원 2018.10.04 2018고단4559
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[criminal record] On September 5, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Suwon Franchising Board, and one year and eight months of imprisonment with prison labor for habitual larceny in the same court on June 17, 2015. On October 5, 2016, the same court was sentenced to one year and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and completed the execution of the sentence on February 15, 2018.

[Criminal facts]

1. On July 30, 2018, the Defendant discovered a D 1t wing vehicle parked by the victim C in front of the Suwon-si, Suwon-si, Suwon-si B, and open an unrecepted steering door and take up the documents, etc. in China’s tobacco amounting to KRW 25,000, the market price of which is 25,000, the victim’s possession.

L. A. L. theft was committed.

2. On August 6, 2018, at around 03:15, the Defendant discovered a G winging vehicle parked by the victim F in front of the Suwon-si, Suwon-si E, and colored a stolen object by opening an unreshing steering door, but the Defendant was arrested to the police officer of the Gyeonggi Suwon Police Station, who was dispatched to the site after receiving a 112 report, and did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. On-site photographs;

1. A report on investigation (a CCTV investigation for security guards);

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history and investigation reports (Attachment of previous convictions and personal confinements);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act (the point of larceny during the period of repeated crime against the third larceny power), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act (the point of attempted larceny during the period of repeated crime against the third larceny power) concerning criminal facts;

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

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. The defendant's age and gender are committed in the following circumstances with the reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount of punishment.

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