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(영문) 광주지방법원 2019.11.29 2019고합417
특정범죄가중처벌등에관한법률위반(절도)
Text

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

A seized one piece (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[criminal power] On October 28, 2005, the Defendant was sentenced to 8 months from the Incheon District Court Branch of the Incheon District Court for larceny. On March 19, 2009, the same court was sentenced to 1 year and 6 months from the imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and sentenced to 1 year and 6 months from the imprisonment for a habitual larceny on June 26, 2015. On February 22, 2018, the Defendant was sentenced to 1 year and 6 months from the Gwangju District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence on July 21, 2019.

【Criminal Facts】

1. On October 12, 2019, the Defendant: (a) around 00:15, 200, at the 200:15 Btel 2tel 200, the Defendant continued to hold a door by inserting the ice (No. 1) owned by the victim C, the victim C, who was parked there, into the seat of the driver’s seat, and knife the knife, with approximately KRW 5,000, the car owned by the victim, which was located far away from the said cargo vehicle.

2. On October 12, 2019, the Defendant: around 00:45, at the F parking lot located in Yangyang-gun E, the Defendant: (a) opened a door by inserting the ice (Evidence No. 1) possessed in advance by the victim G owner in the said parking lot into the key hole of the driver’s seat, and (b) carried approximately KRW 6,550, the Plaintiff, the victim’s possession of the said frozen vehicle, which was departing from the said freezing, carried 6,50 won.

As a result, the defendant was sentenced to punishment twice or more due to larceny, etc., and habitually stolen the victims' property within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and G;

1. The police seizure record and the list of seizure;

1. Photographs of seized articles;

1. Previous convictions: Results of the search of prisoners, criminal history records, reply reports to each Incheon District Court, decision of Busan District Court Branch Branch Branch Court, decision of Gwangju District Court Branch Court and decision of Gwangju District Court;

1. Habituality of the judgment: The records of each crime, the number of crimes, the number of crimes, the same kind of crimes as the judgment;

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