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(영문) 의정부지방법원 고양지원 2017.05.26 2017고합60
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2] On August 8, 1984, the Defendant was sentenced to a suspended sentence of 10 months for larceny, and 6 months for larceny at night in the Daegu District Court and its branch court on November 11, 1986; 2 years for a suspended sentence of 10 months for imprisonment for the same crime at the Daejeon District Court and its branch court on August 17, 199; 10 months for larceny by its branch court of the Gwangju District Court on November 17, 199; 3 years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court and its branch court on August 11, 2005 to 10 years for larceny; 1 and 6 months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court and its branch court on April 5, 2007 to 3 years for a violation of the Act on 18 years for the Aggravated Punishment, etc. of the Specific Crimes at the same Government Branch on July 24, 10, respectively.

[Criminal facts] On March 20, 2017, the Defendant: (a) was the victim D’s detached house located in Gyeonggi-si, Gyeonggi-do; and (b) went into a warehouse connected to the house through open doors; (c) committed theft with one bicycle set of KRW 120,00,000 at the market price of the victim’s possession located in the store.

As a result, the defendant was sentenced twice or more to larceny, and habitually stolen the victim's property within three years from the date on which the execution of the punishment is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site and photographs of damaged articles;

1. Previous convictions in judgment: Attachment of the same electric power judgment, inquiry into a consolidated case, personal expropriation status, sentence of judgment and criminal history (A);

1. Habituality of the judgment: The application of the law to recognize dampness in light of the records of each crime in the judgment, the method of crime, and the repeated crimes of the same kind within the short time after release, etc.

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