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(영문) 인천지방법원 2012.11.09 2012고합1163

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

【Criminal Power】 On April 27, 200, the Defendant was sentenced to two years of the suspension of the execution of larceny to eight months at the Incheon District Court, to three years of imprisonment with prison labor at the Incheon District Court Branch Branch Branch of the Incheon District Court on July 25, 2002, to ten months of imprisonment with prison labor for larceny, etc. on June 24, 2005, to one year and six months, to six months at the same court on April 6, 2007, to one year and six months of imprisonment with prison labor for attempted larceny, and to one year and six months of imprisonment with prison labor for the same crime at the Seoul Central District Court on November 9, 2007 at the Incheon District Court Branch of the Incheon District Court on August 20, 2009, and the execution of the sentence by North Korean Branch of the North Korean Prison on June 16, 2012.

【Criminal Facts of Crimes】 On June 6, 2012, the Defendant: (a) committed a theft with precious metal of 2240,000 won in total of market prices, including one, 14K gold bars, 1, 24K gold bars, and 18K gold bars, which were located in the boiler room in the crepan of the boiler room, and opened the boiler room in the inner room; and (b) committed a theft with precious metal of 18K, the sum of market prices of which is 240,000,000 won.

In addition, from around that time to September 3, 2012, the Defendant stolen property equivalent to 17,672,210 won in total at 14 times in the same manner as indicated in the annexed crime list.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of E, F, G, H, I, J, and K;

1. Documents related to a report on occurrence, and each victim's L documents, reports on occurrence, and Ma of victims, reports on occurrence, and victim N document, reports on occurrence, and victim'sO;

1. An investigation report (not to conduct a Preliminary Investigation for Victims);

1. Seizure record and list;

1. Previous records: Criminal records and investigation reports (the same records of a suspect);

1. Habituality of the judgment: The application of the Acts and subordinate statutes recognizing dampness shall be made in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed in a planned manner.