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(영문) 전주지방법원 2013.11.21 2013고단2098

특정범죄가중처벌등에관한법률위반(절도)

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 3, 2003, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Jeonju District Court on July 3, 2003, and had the same force once more.

1. At around 14:00 on July 20, 2013, the Defendant: (a) opened the house of the victim D located in Seojin-gu Seoul Special Metropolitan City, Seojin-gu, Seoul Special Metropolitan City; and (b) cut off the cash owned by the victim 30,000 won.

2. At around 14:30 on July 20, 2013, the Defendant: (a) opened the house of the Victim F in Seojin-gu, Seojin-gu, Seoul; (b) opened the house of the Victim F, which became inside the house of the victim F; and (c) cut off the cash of KRW 200,000, which was located inside the victim’s bank.

3. On August 12, 2013, around 13:50 on August 12, 2013, the Defendant: (a) brought a house into the house of the victim H located in Y in Yasan-gu G in the front city, with the entrance door opened, in order to steal property; (b) brought the house into the entrance door in the front door to the front door; and (c) was attempted by being discovered with snow with the victim.

4. On August 12, 2013, the Defendant, at around 14:10, entered the house of the victim J who was located in Seojin-gu, Seojin-gu, Seoul, and attempted to steal property by entering the house inside the entrance and leaving the house. However, the Defendant, who was aware that his musical interest was inside and outside the house, knew that he was inside the house, did not commit an attempted crime.

Accordingly, the defendant habitually stolens the victims' property two times, and attempted to steals the victims' property two times.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Written statements of J, D, and F;

1. Previous records before ruling: Criminal records, etc. and investigation reports (report on the binding of the same type of electric power);

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

1. Relevant Article of the Criminal Act and the aggravated punishment, etc. of specific crimes selected.