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(영문) 서울동부지방법원 2013.05.20 2013고합80
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

A victim shall have one set of seized bicycles (in color, alton No. 2).

Reasons

Punishment of the crime

[criminal power] On February 12, 199, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul District Court’s Seoul District Court’s Dong Branch on December 22, 199; one year of imprisonment with prison labor for larceny, etc. at the Seoul District Court’s Seoul District Court’s Dong Branch on November 29, 200; ten months of imprisonment with prison labor for larceny; one year and six months from September 18, 2003 at the Seoul District Court’s Dong Branch on September 18, 200; one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Northern District Court on May 4, 2006; on October 8, 2007, the execution of the sentence was terminated; and on November 18, 2018, the Seoul District Court sentenced the Defendant to imprisonment with prison labor for the said violation on October 18, 2010.

【Criminal Facts】

Defendant, habitually,

1. At around 07:30 on March 13, 2013, a victim E-owned market value, which is equivalent to KRW 1.50,00,00,00 for a locking device, cut off a locking device with a locking device at around 07:30,00;

2. At around 11:00 on the same day, at the same place as in paragraph (1) of this Article, the victim’s name and influor may have a locking device at the market price of 2.50,000 won, which is the possession of the victim’s name and influor, the victim attempted to have a locking device, but the victim was immediately discovered to the above E and arrested him as a flagrant offender.

Accordingly, the defendant was sentenced to two or more penalties for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, and again committed such crimes within three years after the execution thereof is completed.

Summary of Evidence

1. Partial statement of the defendant;

1. Second prosecutor's protocol of examination of the accused;

1. Second police interrogation protocol against the accused;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. A E-document;

1. A certificate of storage of goods;

1. Previouss before ruling: A reply to inquiries, such as criminal records, investigation reports (to attach a written opinion);

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