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(영문) 광주지방법원 목포지원 2018.01.25 2017고합134
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On October 1, 2015, the Defendant was sentenced to one year and three months of imprisonment with prison labor for habitual night structure intrusion larceny in the Gwangju District Court Branch, and on March 24, 2016, the Defendant was sentenced to one year and six months of imprisonment with prison labor for habitual night structure intrusion larceny in the wooden Branch of the Gwangju District Court, and on April 28, 2016, the Defendant was sentenced to one year and six months of imprisonment with prison labor for habitual night house intrusion larceny in the Gwangju District Court, and on August 2, 2017, the Defendant was sentenced to two or more criminal charges for habitual larceny, night structure intrusion larceny, and night residence intrusion larceny, including termination of the execution of the final sentence.

The Defendant intruded on a commercial building through the windows, etc. of the commercial buildings not corrected in order to punish living expenses, and stolen money and valuables.

On October 10, 2017, the Defendant: (a) opened a window that was not corrected in E operated by the victim D at the time of spating a new wall on October 10, 2017; and (b) cut off cash of KRW 143,00,000, which was owned by the victim D, located in the safe.

In addition, from the above day to November 19, 2017, the Defendant stolen the property owned by the victims equivalent to the total amount of KRW 1,015,000 on 14 occasions, such as the list of crimes in the annexed crime list.

Accordingly, the defendant was sentenced to punishment twice or more due to habitual larceny, night-time structure larceny, and intrusion larceny at night and again committed larceny of a structure at night within 3 years after the execution of the punishment is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of F, G, H, D, I, J, K, L, M, N,O, P, Q, and R;

1. A report on an investigation (Attachment to manual data, etc.), a report on an investigation, a report on an investigation (limited to fingerprinting a suspect), and a report on an investigation (limited to the search of a criminal

1. A report on results of field inspections (not more than 11 pages, not more than 35 pages, not more than 58 pages, not more than 227 pages, not more than 250 pages, not more than 282 pages, not more than 463 pages, not more than 463 pages);

1. Confirmation of identity of each theft case (161 pages, 268 pages, 300 pages, 476 of investigation records);

1. All on-site photographs (15 pages of investigation records);

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