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(영문) 광주지방법원 2018.08.24 2018고합137
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

On the date of seizure, two Libers (Evidence No. 1), one lele after Libers (Evidence No. 2);

Reasons

Punishment of the crime

The Defendant was sentenced to one year of imprisonment for special larceny at the Daegu District Court on September 9, 2004, and was sentenced to one year of imprisonment for the same crime in the same court on February 6, 2007. On April 16, 2009, the Defendant was sentenced to two years of imprisonment for the same crime as a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Changwon District Court's Branch Branch on April 16, 2009. On June 30, 2011, the Defendant was sentenced to three years of imprisonment for the same crime in the Daegu District Court's Kimcheon-cheon Branch on June 30, 201. On March 31, 2015, the Defendant was sentenced to two years and six months of imprisonment for habitual night building intrusion larceny at the Southern District Court's Southern Branch on July 22, 2017.

On November 11, 2017, at around 01:43, the Defendant: (a) opened a 'E' restaurant operated by the victim C in Gwangju Northern-gu; (b) opened the 'E' restaurant on a large date D (30cm in length) with the rear door attached to the above restaurant; and (c) removed cash of KRW 200,000, which was owned by the victim and was placed in the night room, and then cut off with one key of the 24K Hamb in the market value equivalent to KRW 24,00,000, market value of KRW 3,000,000, and 24K mack in the market value of KRW 40,000,000.

On October 28, 2017, from around March 19, 2018 to around March 19, 2018, the Defendant committed a theft of, or attempted to steal, property worth KRW 10,350,80 in total, the market price of the victim’s possession, by intrusioning on a structure at night, or destroying or damaging the door, the wall, or any other structure, at night, by means of a similar method as indicated in the list of crimes, such as the list of crimes.

As a result, the defendant was sentenced to punishment twice or more due to larceny, etc. and again committed special larceny within three years after the execution of punishment is terminated or exempted.

Summary of Evidence

1. Defendant’s legal statement

1. Statement made to F or G by the police;

1. Each written statement of H, C, I, J, K, L, M, N, P, Q, Q, R, T, U,V, and W;

1. A protocol of seizure and a list of seizure;

1.Each.

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