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(영문) 수원지방법원 성남지원 2018.03.29 2018고합16

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

On February 6, 2004, the Defendant was sentenced to imprisonment with prison labor for one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court on February 1, 2007, and one year and six months for a crime of the same offense at the Seoul Southern District Court on February 1, 2007, and one year and six months for a crime of the same offense at the Seoul Southern District Court on March 15, 2010, and one year and six months for a crime of the same offense at the Seoul East District Court on August 22, 2013, and completed the execution of the final sentence on November 26, 2016.

On October 2, 2017, the Defendant: (a) reported that a bank is set up at the entrance of the home pluger in the local Eup located in the south of the Republic of Korea on October 2, 2017; and (b) was set up in the shopping set at the entrance of the home plug in the south of the Republic of Korea; and (c) was set up inside the wall of the victim C in the off bank.

At first, there were 1 million won in cash and Bans, etc. in A, and there were two million won in cash.

As a result, the defendant habitually stolen another person's property and was sentenced two or more times, and habitually stolen the victim's property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement prepared in C;

1. Report on internal investigation (verification of CCTV CCTV images) and each investigation report (to be accompanied by the data on response to the KB National Card, specific suspect, background of arrest of the suspect, victim C telephone conversations and recording, considerable amount of damaged goods, etc.);

1. Previous conviction: A written reply to inquiry, such as criminal history, each investigation report (verification of suspect's history of larceny crime - search for persons subject to investigation, confirmation of criminal records of the same kind of crime, and criminal records of the same kind of suspect);

1. Habitualness of judgment: Application of the Acts and subordinate statutes recognizing the theftproof in light of the fact that the execution of punishment for each crime, method of crime and the same crime in the judgment has been completed, and that the same crime has been repeated within the period of repeated crime;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision 53 and 55(1)3).