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(영문) 수원지방법원 안산지원 2014.07.11 2014고합77

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. On January 8, 2008, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Incheon District Court. On November 10, 201, the Defendant was sentenced to two years of imprisonment with prison labor for the same crime from the Vice Branch Branch of the Incheon District Court, and on August 16, 2013, the execution of the sentence was completed last, not only three times but also three times of the history of the larceny crime.

2. Criminal facts are habitually committed by the Defendant, around 14:30 on November 10, 2013, at the Youngdong-gu, Incheon Metropolitan City 4 Dong-gu, that was located adjacent to the other victim’s creshion in which the victim C was located in his/her own bank, and the cash located adjacent to the other victim’s bank located adjacent to the bank located adjacent to the bank located adjacent to him/her, and the bank account book 3.3 million won, credit card 2, physical card 1, and six deposit passbook were stolen, as shown in the separate sheet between March 3, 2014 and March 3, 2014, the Defendant stolen, stolen, or attempted, goods of the victims on 29 occasions by intrusioning the victim’s room at night.

Summary of Evidence

1. Crimes indicated in judgment;

(a) Defendant's legal statement;

(b) Each police statement of C, D, E, F, G, H, I, J, K, L, M, N,O, Q, R, and S;

(c)each statement in the preparation of T, U, V, W, X, Y, Z, AAB, AC, AD, AE, AF, S, AG, AH, and AI;

(d) Each prosecutor's investigation report (verification of sunset time related to paragraph (3) of the list of crimes, and verification of sunset time related to the crime of December 24, 2013);

(e) Each photograph;

2. Criminal records shown in the judgment;

(a) Investigative reports by prosecutors (in cases of previous convictions and court rulings attached thereto);

(b) An inquiry report;

(c) Results of prisoners’ search;

3. In light of the following: (a) even though the habitual Defendant had five times the history of the same or larceny crime; (b) the end has not yet passed after the execution of the sentence; and (c) all of the instant crimes have been repeatedly committed on 29 occasions; and (d) the method of the commission of the crime is similar to the previous criminal records, the Defendant is recognized as a habit of larceny.

Application of Statutes

1. Relevant Articles of the Criminal Act and specific crimes as to the choice of punishment.