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(영문) 광주지방법원 해남지원 2015.09.17 2015재고단11
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On February 12, 2004, the Defendant was sentenced to a suspended sentence of three years and six months for special robbery at the Gwangju District Court. On March 11, 2009, the same court was sentenced to imprisonment with prison labor for larceny, etc. on March 11, 2009. On January 18, 2012, the same court was sentenced to a summary order of KRW 500,000 as a fine for embezzlement of stolen property. On December 30, 2010, the Defendant was sentenced to imprisonment with prison labor for one year and six months for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Gwangju District Court and completed the execution of the sentence in the Southern Prison on May 24, 2012.

【Criminal Facts】

The Defendant habitually stolen the victims' objects at least twice as follows.

1. A theft against the victim C at around 10:30 on November 23, 2012, the Defendant came to the victim C’s house located in Jindo-gun D, Jindo-gun, and entered the said house through an unrectible gate, and putting one of the arms with the market price, which is the market price of the victim’s possession, stored in the gate, and stolen.

2. The Defendant attempted to steal the victim E in the same day at around 11:05, the victim E’s house located in Jindo-gunF, Jindo-gun, Jindo-gun, and the Defendant attempted to steal the victim’s object, such as opening the party’s wallets and west, which was located in the room, through an unrecepted gate, but did not find any stolen object, but was the victim’s attempted to commit the theft on the way coming from the road.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Records of seizure and the list of seizure;

1. Records before and after judgments: Criminal records, inquiry reports by individual, personal identification and confinement status, investigation reports, and written judgments;

1. Habituality: Application of the Acts and subordinate statutes recognizing the habition of larceny in light of the fact that not only has been punished several times due to larceny, etc. but also has continued to commit the same residential larceny as that of the previous crime even after the release therefrom;

1. Relevant Article of the Criminal Act and Articles 332, 329 and 329 of the Criminal Act for the selection of criminal facts;

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