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(영문) 인천지방법원 2017.06.29 2017고단3576

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] On November 26, 2009, the Defendant was sentenced to two months of imprisonment with prison labor and four months of imprisonment with prison labor at the Seoul Central District Court, and on December 22, 201, the Changwon District Court sentenced the Defendant to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Changwon District Court on December 22, 201, and on July 2, 2015, the Defendant was sentenced to three years of imprisonment with prison labor for habitual larceny and completed the execution of the sentence at the Chungcheong Prison on July 5, 2016.

[2] From September 29, 2016 to May 8, 2017, the Defendant: (a) opened a door of a vehicle that is not corrected by the victim C, using the gaps inside the south of Yangyang-gun, Yangyang-gun, Yangyang-gun, where surveillance was neglected; and (b) stolen the property of the victims amounting to KRW 948,00,000,000,000,000 in total, from September 29, 2016 to May 8, 2017, as indicated in the list of crimes in the separate list of crimes.

Accordingly, the defendant was sentenced to imprisonment more than three times with prison labor due to larceny, and has committed larceny again during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, and H;

1. Each written statement of I, C, and J;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Photographs of damaged objects, CCTV photographs, photo of damaged objects of G, photographs of damaged objects of H, field photographs, CCTV photographs, on-site photographs, and photographs of crimes;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the expiration of the term of punishment by the person under investigation), application of Acts and subordinate statutes to investigation reports (Attachment to the same case);

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 as prescribed in the corresponding Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The grounds for sentencing in the former part of Article 37 of the Criminal Act, Article 38(1)2, Article 50, and the proviso of Article 42 of the Act on the Aggravation of Concurrent Crimes are recognized and against themselves.