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(영문) 수원지방법원 성남지원 2012.08.10 2012고단524
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On July 15, 1997, the defendant was sentenced to the suspension of the execution of imprisonment of 8 months for larceny at the Daejeon District Court on April 4, 2003 to the suspension of the execution of imprisonment of 1 year for larceny at the Suwon District Court on November 23, 2005 to the suspension of the execution of 2 years for 1 million won for larceny. On June 5, 2008, the same court issued the summary order of 2 million won for larceny at the same court on November 7, 2008 to the summary order of 2 million won for larceny. On May 26, 2011, the same court was sentenced to the suspension of the execution of 2 years for 2 years for 5 months for larceny, and the judgment became final and conclusive on June 3, 2011.

1. On August 201, 201, the Defendant, at a gold forced store operated by the Geum River Co., Ltd., Ltd. on the second floor of Sungnam-si, Sungnam-si, Sungnam-si, had a verbal one turn on, first instance, a female car in the market value equivalent to 288,000 won owned by the victim, which was displayed in the store by taking advantage of the gaps of the employee’s surveillance negligence.

2. On September 24, 2011, the Defendant: (a) around 18:03, the victim D, on the second floor of the above paragraph (1) C, displayed at a store in the same manner as that of the above paragraph (1) on September 24, 201; and (b) had a verbal one turn on, turn off, and turned down on, an emergency vehicle at the market value equivalent to KRW 138,00,000.

3. On September 24, 201, at around 19:03, the Defendant: (a) placed in a shopping bag operated by the victim E on the second floor of the above paragraph (1) in the shopping bag operated by the victim E, with the same method as that of the above paragraph (1); (b) placed the victim’s market value equivalent to 1,980,000 won in advance.

Accordingly, the defendant habitually stolens the victims' articles at least three times.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Recording record preparation report and investigation report (No. 368 pages);

1. Screening pictures of each photograph and CCTV closures;

1. Previous convictions in judgment: Inquiries, references to the previous records of disposition, report on the results of confirmation, and each judgment;

1. Habituality of judgment: Each of the records of crime, the number of crimes, the frequency of crimes, and the same kind of crimes as indicated in the judgment;

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