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(영문) 수원지방법원 성남지원 2013.07.11 2013고합105

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

[Criminal Power] On July 31, 2008, the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Seoul Western District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and three years from May 13, 2010 for the same crime in the Sungnam Branch of the Suwon District Court, and on March 23, 2013, the Defendant was sentenced to imprisonment with prison labor for the same crime. In addition to the completion of the execution of the sentence in the Seoul Southern Prison, the same criminal records are

【Criminal Facts】

At around 02:00 on May 3, 2013, the Defendant: (a) had the key to the object box located in the head of the “Drata” room located in the Gratae-gu Seoul Metropolitan City, Sungnam-si; (b) had the key to the victim E; (c) had the victim’s right box; and (d) found the victim’s property in his/her possession and lost the key to the latum; and (d) had the right to the latum and attempted to commit the crime.

As a result, the defendant was sentenced to two or more penalties for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, and again committed the same crime within three years after the execution is completed.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. Summary statement to E in police preparation;

1. On-site photographs (criminal records) of the case;

1. A written inquiry about criminal records, etc. of the accused, the results of the search of prisoners, and each written judgment (Habituality);

1. The Defendant had been punished more than twice on the ground that he habitually stolen another person’s property by duplicing a wall or a key to the body of a person who was taken up at a soup, and then stolen another person’s property at the same time. In this case, the crime of larceny is identical with the previous crime in that it committed the larceny in the same manner, and two months have not passed since the execution of punishment was completed, and thus repeated crimes of the same kind are recognized.

Application of Statutes

1. Violation of the relevant Act on the Aggravated Punishment, etc. of Specific Crimes against a crime: Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 342 of the Criminal Act;