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(영문) 광주지방법원 목포지원 2018.02.06 2017고단1421
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 to 9 shall be confiscated.

Reasons

Punishment of the crime

【Criminal Force” On August 21, 2002, the Defendant was sentenced to imprisonment with prison labor for one year and six months, and two years, on March 17, 2005, at the Seoul Western District Court, for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Suwon District Court, and on November 18, 2009, was sentenced to eight years of imprisonment with prison labor for robbery, etc. at the Suwon District Court, and completed the execution of the said punishment on August 4, 2017.

[Criminal Facts]

1. On October 31, 2017, at around 02:00, the Defendant went into the residence of the victim D located in C, and intruded into the said residence through the outside entrance of the bath room that was not locked, and then stolen with three copies of cash, 635,000 won, and KRW 10,000,000,000, in the house.

2. On November 3, 2017, at around 03:30 around 03:30, the Defendant intruded into the said residence through a small-scale window that was not locked, and then stolen the Defendant’s possession of 20,000 won in cash at the victim’s home located in the inner bank.

As a result, the defendant was sentenced to imprisonment not less than three times with prison labor due to an attempt to larceny at night, etc., and was punished by larceny at night within three years after the execution of the final sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against D and each police statement made against D;

1. Each report on internal investigation (the sequence 20,24,26 of the evidence list);

1. On-site photographs, photographs of each CCTV image, CDs;

1. Previous conviction: A written reply to inquiry, such as criminal history, (A), investigation report (report attached to the judgment, etc.); the application of the text of the judgment No. 2002 Go-Support Seoul Western 2002 Go-won 2127, a copy of the statutes

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime as prescribed in the corresponding Act;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is the defendant of the same kind of crime.

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