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(영문) 수원지방법원 평택지원 2019.02.15 2018고합214
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power” On February 22, 2012, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in the Daejeon District Court’s Branch, on July 16, 2014, and sentenced one year and a fine of 80,000 won for a violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., at the Daejeon District Court’s Daejeon District Court on July 16, 2014. On November 6, 2015, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc., of Specific Crimes and completed the execution of the sentence in the Chungcheong Correctional

【Criminal Facts】 The Defendant committed each of the following crimes under the influence of alcohol abuse, which lacks the ability to discern things or make decisions:

1. On October 26, 2018, the Defendant: (a) discovered the victim’s Eracing car owned by the victim D, which was parked on a road adjacent to Pyeongtaek-si B, around 03:00, and opened a string and opened a door that is not corrected; and (b) cut off the vehicle by driving the vehicle with the key displayed on the vehicle and driving it by driving it.

Therefore, even though the defendant had been sentenced twice or more due to theft, etc., he has committed the larceny crime again within 3 years after the completion or exemption of the execution.

2. Around 03:00 on October 26, 2018, the Defendant driven the said leisure car without obtaining a driver’s license from a section of 400 meters from the front of Pyeongtaek-si B to the front of the “G convenience store” located in the same cityF.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. On-site photographs;

1. Blocs and photographic data of black boxes, and CCTV images of convenience stores;

1. A gene appraisal report;

1. Detailed details of driver's license taxes;

1. Previous records of judgment: Criminal history records, inquiry reports, and criminal investigation reports (verification of criminal records of the suspect and period of repeated crimes);

1. Habituality of judgment: Acts and subordinate statutes recognizing the theft behavior in light of the records of each crime and the method of the commission of crimes in the judgment.

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