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(영문) 창원지방법원 거창지원 2012.09.06 2012고합62

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On April 9, 1998, the Defendant sentenced 7 years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) in Changwon District Court's smuggling support on January 27, 2005, and 3 years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in Busan District Court on January 27, 2005. On May 30, 2008, the Changwon District Court sentenced 4 years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (th

1. On June 27, 2012, at around 17:04, the Defendant: (a) entered the victim D’s house, which was held in the window C of Changwon-si, through an open gate; and (b) cut off cash of KRW 22,00,00 in the wall that was located in his/her hand.

2. At around 17:39 on the same day, the Defendant entered a house through an open gate in the victim F’s residence, which was located in the counter E 2th of Changwon-si, and stolen the 500,000 won of the market price owned by the victim in the eth of the eth of Changwon-si, with one string of 50,000 won and one string of 50,000 won of the market price.

3. On July 2012, the Defendant attempted to steals money and valuables, such as entering the victim H’s residence at the window G of Changwon-si, Changwon-si, and opening a back door and printing a stolen object, but the Defendant failed to discover stolen objects, and failed to commit it.

4. The defendant's month;

4. From 14:00 to 14:0, the victim J in Gyeongcheon-gun I entered a house as a means of gathering through open gates, which had been kept in the west, with the cash of 11,000 won owned by the victim and the theft thereof.

Accordingly, the defendant habitually stolen or attempted the victims' goods four times.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to K and J;

1. Each of D, F, and H.