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(영문) 광주지방법원 2017.12.15 2017재고합10
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than two years and eight months.

Reasons

Punishment of the crime

On May 3, 2006, the Defendant was sentenced to imprisonment with prison labor for two years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court on May 3, 2006, two years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the same court on November 6, 2008, and two years for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the same court on April 12, 2013. On December 1, 2014, the Defendant completed the execution of the sentence.

On December 30, 2014, at around 19:00, the Defendant: (a) intruded the inner room through windows; (b) stolen the victim’s money and valuables owned by the victim amounting to KRW 1,530,000 in total from December 14, 2014 to September 5, 2015, including theft with the goods equivalent to the total market value of KRW 1,530,000,000, from December 14, 2014 to September 5, 2015, the Defendant habitually stolen the victim’s money and valuables owned by the victim amounting to KRW 21,08,90 in total by the same method as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of D, F, G, H, I, J, K, L, M, or N;

1. Reports on police seizure records and lists, and results of field identification;

1. Each photograph;

1. Previous convictions in judgment: Inquiry about criminal history and investigation report (the same type of force and report on confirmation of the period of repeated crime);

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 repeated crimes of the same kind in the judgment;

1. Articles 332, 330, and 329 of the Criminal Act in relation to the crime [Article 75Do1184, May 27, 1975]

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

1. Scope of applicable sentences under law: From January 15 to 30 years; and

2. Sentencing Criteria: The sentencing criteria are not set for habitual intrusion larceny under the Criminal Act.

3. Determination of sentence: The criminal defendant committed the instant crime in December and August shall habitually steals the victims' property over a total of 10 months between approximately nine months.

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