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(영문) 춘천지방법원 강릉지원 2015.07.16 2015고단582

상습특수절도

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The rejection of seizure (e.g., omission) shall be forfeited from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On March 16, 1989, the Defendant was sentenced to imprisonment with prison labor for special larceny at the Daegu District Court on September 15, 1995 and two years and six months from the Seoul Central District Court on September 15, 1995 and May 2, 2002 to the Daegu District Court on May 2, 2002.

【Criminal Facts】

The Defendant, along with C (Suspension of Prosecution) and D (Suspension of Prosecution), conspiredd with the Defendant to steals money and valuables against abandoned houses while getting on and getting off the Epis car owned by the Defendant.

At around 14:00 on May 14, 2015, the Defendant, along with C and Sung F, driven the said car to the vicinity of the victim G located in Gangnam-si, Gangnam-si, and, in the vicinity, reported the network, C and Sung F, “D” was put into a crepan (60 cm in length, 4.5 cm in width) prepared in advance on the third floor entrance door of the said residence, and intruded into the crepan and damaged it.

C. D’s “D” stolen property worth KRW 33,440,000 in total on 111 occasions from May 4, 2015 to May 14, 2015, including a total of KRW 11,4130,00,00 in net gold 50,000,000, in cash, and a total of KRW 1,4130,000 in the market price of the victim’s ownership, such as KRW 13,440,00,00 in total, from May 14, 2015 to KRW 11.

Accordingly, the Defendant habitually committed a theft or attempted to steal the victims' property in combination with C and D due diligence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement of H, I, J, K, L, M, N,O, and P;

1. Seizure records;

1. Each investigation report, reports on the occurrence of larceny, reports on results of field identification, and photographs;

1. Previous convictions: Criminal records;

1. Habituality of the judgment: The crime of the same and the same multiple methods as the judgment has been committed in a planned and organized manner, etc.