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(영문) 춘천지방법원 원주지원 2012.04.18 2012고단82

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

The evidence of subparagraphs 6 through 8 and 10 through 21 which have been seized shall be confiscated from the defendant.

Reasons

Punishment of the crime

On March 23, 2007, the Defendant was sentenced to three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in the Youngcheon District Court's Young-gu branch, and completed the execution of the sentence on January 3, 2010.

In addition, on July 5, 1968, the Daegu District Court sentenced that imprisonment with prison labor for a maximum of one year for larceny, ten months in short term, or on February 5, 1970 with prison labor for the same offense in the same court on March 2, 1973 and imprisonment with prison labor for night intrusion larceny in the Daegu District Court's resident support on July 24, 1976 and ten years in prison for habitual larceny from the Daegu District Court's resident support on March 24, 2001 to two years in prison for eight years in suspension of the execution of eight months in prison for the same offense, from the Chungcheong District Court's main branch on September 6, 201 to the Daegu District Court's imprisonment with prison labor for eight years in prison for the same offense, and from the Daegu District Court's resident support on September 16, 2003 to the night larceny. < Amended by Act No. 6538, Sep. 16, 2003>

At around 21:00 on January 22, 2012, the Defendant: (a) laid off a yellow pond extraction from the victim E’s house located in D Apartment 611 Dong 101, 101, and removed the correction device; (b) subsequently, upon intrusion into the above apartment, then cut off the goods equivalent to KRW 2,70,000,000 in the market price, such as 1,50,000, market price of the instant apartment and 1,50,000,000,000,000 won in the market price, and 1,20,000,000 won in the market price, and 4,51,00,000,00 won in the market price.

The prosecutor brought a prosecution against the facts charged as stated in the judgment of the court under Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 (2) of the Criminal Act. However, the above facts charged include the facts charged under Articles 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 331 (1) and 330 of the Criminal Act. The applicable provisions of the indictment of this case also include Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 331 (1) and 3