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(영문) 수원지방법원 성남지원 2018.02.01 2017고합291

특정범죄가중처벌등에관한법률위반(절도)등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to imprisonment with prison labor for a maximum of one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in support of Sungnam branch of Suwon branch of May 30, 1996, and was sentenced to imprisonment with prison labor for a short of one year and six months for a short term and one year for a short term on October 1, 2002; on September 26, 2003, the Defendant was sentenced to imprisonment with prison labor for the same crime; on September 27, 2006, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the same court on September 27, 2006; on December 23, 2011, the execution of the sentence terminated on October 3, 2014 after being sentenced to imprisonment with prison labor for the same crime.

[2] On October 24, 2016, the Defendant committed a theft or attempted theft of another person’s property over 17 occasions in total, as indicated in the list of crimes attached hereto, between around 09:50 and around 09:50 on September 4, 2017, by holding one half of 300,000 won at the market price owned by the victim D, which is kept in his/her residence, within the house where the victim D was located in the branch of the amended building C, Seongbuk-gu, Seongbuk-si, and Sungnam-si.

As a result, the defendant was sentenced twice or more to the crime of larceny, etc., and again stolen or attempted property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of F and G;

1. Each protocol of seizure and the list of seizure;

1. Evidence and on-site photographs, the detailed statement of the processing of the case reported in 112, each on-site photographs, field photographs, verification photographs of the site, delivery notes (attached to the results of appraisal of the on-site fingerprints), and materials that each victims

1. Investigative reports (to hear statements from victims);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (former and attachment to such judgment);

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 crime has been committed in a planned and organized manner;

1. Relevant Articles of the Act concerning the facts constituting the crime;