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(영문) 광주지방법원 2019.05.10 2019고합67

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On April 15, 2008, the Defendant was sentenced to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court. On September 7, 2017, the Gwangju High Court sentenced five years of imprisonment for habitual larceny, etc., and completed the execution of the sentence on November 13, 2018.

Between 14:00 on December 16, 2018 and 16:00 on December 16, 2018, the Defendant: (a) opened a locked gate in Seo-gu, Gwangju, and entered into a house, opened a house, and entered the house, and entered the house, and (b) attempted to steals or attempted to steals by means of the same method over a total of 11 times from February 2, 2019, with a total of 11,478,00 won, cash and other goods, cash and amounting to 2,50,000 won at the market price, which was the victim’s possession in the cremation, located in the cremation of cremation.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, F, G, H, I, J, K, L, M, and N;

1. In addition to the investigation report (on-site photo), investigation report (on-site identification and comparison of the floor owned by the suspect), internal investigation report (on-site CCTV analysis), and accompanying documents;

1. A report on the results of field inspections;

1. On-site photographs, case-related photographs, relative photographs of the scene, and each CCTV image photograph;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report on confirmation of the period of repeated crimes), the current status of personal confinement, investigation reports (power of habitual larceny punishment), and written judgments;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act concerning the crime;

1. Habitual larceny, etc. of the judgment that completed the sentence on November 13, 2018 of the Criminal Act among repeated offenders.