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(영문) 창원지방법원 2017.07.12 2017고단1360

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Seized evidence 2 shall be confiscated.

Reasons

Criminal facts

On June 18, 2015, the Defendant was sentenced to one year and six months of imprisonment for habitual larceny at the Busan District Court, and was sentenced to two years of imprisonment for habitual larceny at the Ulsan District Court on July 16, 2015. On April 20, 2016, the Defendant was sentenced to ten months of imprisonment for larceny, etc. at the Busan District Court on April 20, 2016, and the execution of each of the above punishment was completed in a detention house on November 30, 2016.

[2017 Highest 1360] On March 23, 2017, the Defendant entered into the D private house in Kimhae-si, Kimhae-si, in order to steal another person’s property. On March 23, 2017, the Defendant cancelled the object box No. 135 on the date it was prepared in the second floor beer room, and then cancelled the object box No. 135 on the date it was prepared in advance, and the victim E’s market price in its possession is non-specific women, one color color us, one Non-marketed land, one cellphone, 50,000 won on the market price, and ten copies of passbook, four head of Tong, four identification cards, credit cards, etc.

L. A. L. theft was committed.

[2017 Highest 1889]

1. On January 26, 2017, the Defendant: (a) removed the product distribution system 77 times in G Bana or sugar Bana, which was prepared in advance, from G G Bana in Kimhae-siF around 14:40 on January 26, 2017; and (b) removed the product distribution system 1, cash 200,000, 2000, 2000, 2000, 2000, 1, one resident registration certificate, one license, etc. on the market price in the victim H owned by the Defendant.

L. A. L. theft was committed.

2. At around 12:40 on February 20, 2017, the Defendant: (a) released the object box No. 53 from the above G S Bana or sugar bed; and (b) removed the object box No. 53 from the date it was prepared in advance; and (c) removed the victim I’s market value equivalent to KRW 5,000, cash, KRW 145,000, and one of the smartphones in the market value.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. E statements;

1. Each protocol of seizure and the list of seizure;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, data on search of prisoners, and Acts and subordinate statutes on each investigation report (Attachment to judgment);

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. Aggravation of repeated crimes;