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(영문) 광주지방법원 2019.07.12 2019고합203

특정범죄가중처벌등에관한법률위반(절도)

Text

Defendants shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal power] On November 10, 2015, the Defendants were sentenced to two years and six months of imprisonment for habitual special larceny in the Southern District Court Branch of the Jeonju District Court, respectively. On April 10, 2018, the Defendants sentenced to one year and one year of imprisonment for habitual special larceny at the Gwangju District Court, respectively, and completed the execution of each sentence on February 22, 2019.

【Criminal Facts】

On March 28, 2019, the Defendants intruded into the victim's house mast of the victim's house through a door that was not corrected since March 28, 2019, and then stolen the victim's house 500,000 won or more at the market price, which is the victim's ownership. The Defendants habitually stolen or attempted property worth KRW 6,097,000 in total over 23 times from March 2019 to April 2019, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Defendants’ legal statement

1. Each written statement (Nos. 25 through 30, 32, 41, 50, 52, 54 through 57, 60 through 66, 72, 74, 76, 78);

1. Records of seizure and the list of seizure;

1. Each on-site photograph (Evidence Nos. 4, 43, 66, 73, and 75) and each on-site photograph (Evidence List Nos. 7, 12, 34, 36, and 45) and each on-site photograph (Evidence List Nos. 6, 8, 11, 15, 23, 35, 38, 44, 48, 58, 67 through 69);

1. Previous convictions in judgment: Each criminal record, each written judgment (No. 87, 89) and each investigation report (including each accompanying document No. 86, 88; No. 86; 88);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. The Defendants of the relevant criminal facts: Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 (2) of the Criminal Act;

1. Defendants of repeated crimes: Article 35 of the Criminal Act

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following extenuating circumstances).