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(영문) 전주지방법원 군산지원 2014.07.10 2014고단447

특정범죄가중처벌등에관한법률위반(절도)

Text

Defendant

A shall be punished by imprisonment with prison labor for four years and by imprisonment for three years.

Defendants are each applicant for compensation.

Reasons

B. Until April 14, 2014, the Plaintiff stolen property worth KRW 70,626,000 in total on seven occasions, as indicated in the list of crimes in the attached Table.

2. Defendant A

A. From around 19:00 on July 24, 2013 to around 08:00 on the 25th day of the same month, the Defendant discovered that the victim L, in front of the warehouse located in Y, set up one set of a vehicle at the victim L, the market price of which is equivalent to 4 million won, and returned the car kis posted on the above vehicle and drive it.

Accordingly, the defendant habitually stolen another's property.

B. The Defendant, along with the name “F” and “G” that does not know the name as described in paragraph (1), thought to steal another person’s property at the construction site of the construction site using a vehicle, and carried 340 loppy pumps (200,000,000,000) at the high-speed rail construction site managed by the victimO located in Pyeongtaek N on November 4, 2013, into the inside, and loaded 4,20,000 won at the market price of the high-speed rail construction site managed by the victimO.

As a result, the Defendant habitually stolen another’s property jointly with F, “F” or “G”, which is a person with no above name.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the police statement to I;

1. Each statement of L, E, P, Q,O, and R;

1. The results of inquiry into CCTV data, on-site photographs, photographs of suspected vehicles, and convict DNA personal information, and photographs of the scene of damage;

1. Investigation report (specific report on confirmation of the amount of damage inflicted on the victim);

1. Previous convictions: Criminal records, investigation reports, records of convicts, and copies of respective judgments;

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331 (2) and (1), and Article 329 of the Criminal Act (with regard to habitual larceny and choice of limited imprisonment), a defendant A who has the option to commit a crime;