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(영문) 수원지방법원 안산지원 2014.11.28 2014고합343
특정범죄가중처벌등에관한법률위반(절도)
Text

1. The defendant shall be punished by imprisonment for three years;

2. The seized tamps shall be confiscated.

Reasons

Punishment of the crime

1. On January 5, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in an Ansan District Court’s Ansan Branch, for one year and six months, and was sentenced to imprisonment with prison labor for the same crime in the same court on September 7, 2012, and was finally sentenced to two years on May 15, 2014.

2. The Defendant habitually stolen another person’s property or attempted to steals another’s property by intrusion upon one’s residence at night, as follows.

On October 12, 2014, around 17:30, the Defendant 200 won in total, 52,000 won in cash, such as D’s 5,000 won booms and 1,000 won blives and 37 blives, which were located under D’s electric blives of the floor of the living room.

B. On October 14, 2014, around 03:40 on October 14, 2014, the Defendant: (a) opened a main window that was not set up in the “G” restaurant of the victim F’s “G” operated in Ansan-si, Ansan-si; and (b) invaded into the house and stolen money and valuables, the Defendant was not aware of it to the employees of the guard company dispatched to the site, and thus did not lead to the purport.

Summary of Evidence

1. Crimes indicated in judgment;

(a) Defendant's legal statement;

B. Statement of the police against D

(c) Each police seizure protocol;

(d) Each statement of F and H;

(e) Each photograph;

2. Criminal records shown in the judgment;

(a) Defendant's legal statement;

(b) An inquiry report;

(c) Copies of each judgment;

3. Even though the habitual Defendant had eight times the history of the same or larceny crime, in light of the following: (a) the end, after the execution of the sentence was completed, another repeated crime has been committed on two occasions within the repeated crime period; and (b) the method of the commission of the larceny is similar to that of the previous criminal records, it is recognized that the Defendant has a habit of larceny.

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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