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(영문) 인천지방법원 2014.04.03 2014고단1752

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Seized evidence1 through 6 (No. 636) shall be forfeited from the defendant.

Reasons

Punishment of the crime

On April 24, 1986, the Defendant was sentenced to imprisonment with prison labor for eight months in the Incheon District Court, for special larceny in the same court on March 24, 1987; imprisonment with prison labor for two years in the same court on October 14, 1988; imprisonment with prison labor for two years in the Seoul High Court on June 14, 1991; imprisonment with prison labor for one year and six months in the Incheon District Court on February 25, 1997; imprisonment with prison labor for one year and four years in the suspension of execution of one year and six months in the Incheon District Court on September 9, 2004; imprisonment with prison labor for six years in the same court on June 16, 2006; imprisonment with prison labor for an attempted larceny at night; imprisonment with prison labor for six months in the same court on June 16, 2006; and imprisonment with prison labor for one year and six months in the same court on June 16, 2009.

On February 20, 2014, around 05:22, the Defendant: (a) opened the Emart “Emart” operated by the victim D located in Nam-gu Incheon Metropolitan City C; (b) opened the Mamart locked, and intrudes into the back locked; and (c) opened 50,300 won in cash, which is the victim’s possession in the safe, and 10,000 won in total in the market price of the bill box in the middle 10,000 won.

In addition, from July 2012 to February 20, 2014, the Defendant stolen money and valuables worth KRW 7,200,300 in total habitually over 11 times, such as the list Nos. 6 through 13, and 16 through 18, and attempted to steals another’s property habitually over seven occasions, such as the list Nos. 1 through 5, 14, and 15.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Each written statement of G, H, I, J, K, L, M, N,O, P, Q, R, S, and T;

1. All the documents of the victim U and V U.S. scrap metal 1.