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(영문) 광주지방법원 2014.04.04 2014고합29

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

On March 19, 2002, the Defendant was sentenced to three years of imprisonment with prison labor for the crime of larceny in the Seoul Western District Court on March 19, 2002, and three years of imprisonment with prison labor for the crime of larceny in the Seoul Northern District Court on July 7, 2005, and on March 18, 2009, the Defendant was sentenced to four years and six months of imprisonment with prison labor for the crime of larceny in the Suwon District Court on March 18, 2009, and the execution of the sentence on July 5, 2013.

At around 03:00 on October 27, 2013, the Defendant: (a) was habitually accompanied with C and D, and was traveling by the Defendant to the vicinity of the victim F's house located in Yong-gun, Jeonnam-gun; and (b) the Defendant was able to report the network from the said vehicle; (c) C and D entered the said vehicle as a warehouse through the open door of the said warehouse; (d) four ffolds in the Seoul Special Zone of 1230,000 won in total, and one ffold in the market price owned by the victim; and (c) transferred the said vehicle to a vehicle from the time to December 14, 2013, the Defendant stolen the property of another person over 16 times in total, such as the No. 1,3 through 17 of the annexed list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol concerning C and D;

1. Each police statement made to H, I, and J;

1. Each statement of F, K, L, M, N,O, P, Q, R, T, and U;

1. An investigation report (specific circumstances of victim V No. 9 of the crime sight table);

1. Previous convictions in judgment: Criminal records and investigation reports;

1. Habituality of judgment: Application of 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 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 (2) of the Criminal Act concerning criminal facts and Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. The execution of punishment on July 5, 2013, among repeated crimes, is terminated.