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(영문) 광주지방법원 순천지원 2013.11.21 2013고합142 (1)
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for four years.

The seized case (No. 4) shall be returned to the victim D.

Reasons

On August 17, 2007, the Defendant was sentenced to imprisonment with prison labor for 2 years and 6 months, and on September 10, 2010, to imprisonment with prison labor for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in the Gwangju District Court's net support on September 10, 201, and completed the execution of the final sentence on March 21, 2013.

Criminal facts

On May 16, 2013, the Defendant: (a) at the house of the victim F, the Defendant: (b) removed the locking part of the locking part of the small door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door door, which had no crime prevention window, and opened it, and (c) cut off the door door door door door door door of precious metal, market price of KRW 3,730,00,00, which was the victim’s possession in the inside door door door door door door door door, including precious metal, market price of KRW 3,730,00, and he stolen it from that day by August 10, 2013.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

Defendant’s legal statement

Habitualness as indicated in the report as a result of on-site inspection of the police records of G, H, F, D, I, J, K, L, M, and N’s respective seizure records and the list of seizure records: In light of the records of each crime in the judgment, the method of criminal acts, the frequency of crimes, the time interval between release and the crime, etc., Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 35 and Article 42 of the Criminal Act, Article 329 of the Act on the Aggravated Punishment, etc. of Specific Crimes, among repeated offenders, Articles 53 and 55(1)3 of the Criminal Act (or Article 32(1) and (26) of the Act on Special Cases Concerning the Dismissal, etc. of Application for Compensation Order by Victims, among the repeated offenders, Article 33(1) and (1)3) of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the application for compensation order is dismissed

1. Legal provisions;

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