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(영문) 수원지방법원 안산지원 2017.10.27 2017고단2511
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

No. 1 of the seized evidence shall be returned to the victim's name who is not the victim.

Reasons

Punishment of the crime

On April 23, 2009, the Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Southern District Court on April 23, 2009; eight months from November 19, 2009 to the Incheon District Court Branch of the Incheon District Court; one year of imprisonment with prison labor for larceny; one year of December 19, 2014; one year and six months from the Incheon District Court on December 19, 2014; and one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Western District Court on November 10, 2016; and completed the execution of the punishment on June 9, 2017.

On August 3, 2017, at around 03:53 around 03:53, the Defendant: (a) removed a locking device by arbitrarily entering the secret number until the locking device is locked, and (b) removed the locking device on the first floor of light lap operation, and discovered one 700,000 won of the market price owned by the victim D, set up in the entrance.

In addition, as indicated in the list of annexed crimes, the Defendant carried nine bicycles worth KRW 4,300,000 in total nine times from around that time to August 29, 2017 by the same method.

As a result, the defendant was sentenced to imprisonment more than three times with prison labor for larceny, and again stolen another person's property within three years after the execution of the sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D and E;

1. A police seizure protocol and a list of seizure;

1. The investigation report (as to the cell phone text records of the suspect)

1. Investigation report (verification of addition of damaged articles and attachment of bicycle photographs);

1. Previous convictions in the judgment: A response to inquiries, such as criminal history, report on investigation (report on the previous convictions in the judgment), and application of each of the judgment statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime committed;

1. On June 9, 201, Article 35 of the Criminal Act for aggravated repeated crimes (i.e., violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) for which the enforcement of punishment was completed on June 9, 2017).

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