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(영문) 광주지방법원 2016.05.18 2016고단737
상습특수절도
Text

1. The defendant shall be punished by imprisonment with prison labor for a year and ten months;

2. One Raber (No. 1), colored on seized green date.

Reasons

Punishment of the crime

[Criminal record] On February 7, 2014, the Defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on March 31, 2015, and completed the execution of the sentence at the Net Prison on March 31, 2015, and has three other kinds of records.

[2] On October 10, 2015, the Defendant: (a) opened the above restaurant entrance and intruded inside the cafeteria operated by the victim D in Gwangju Dong-gu around 04:59 on October 10, 2015; and (b) collected 500,000 won in cash, which was kept in the Kacter.

From around March 12, 2016 to March 12, 2016, including theft, the victim's possession was stolen or attempted to steals 13 times in total by the same method as the list of crimes in the annexed crime list.

Accordingly, the Defendant committed a theft or attempted to steal money and valuables owned by the victims amounting to KRW 3,085,00,000, by habitually impairing another’s structure or destroying and damaging parts of the door at night.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, D, G, H, I, J, K, L, M, or N;

1. Statement made by each police officer ofO, P, and Q;

1. An entrance photograph, CCTV photograph, CCTV photograph, each on-site photograph, any damaged glass photograph, CCTV image photograph, damaged miscellaneous photograph, and each CCTV on-site photograph;

1. Each report on the occurrence of each case (thief), report on the occurrence of each case, response to results of appraisal of field fingerprints, estimates, list of cases reported 112, investigation report (ctv investigation around the site), investigation report (site and nearby CCTV investigation), search data of each case, investigation report (examination of theft and habitual investigation of suspect) and list of seizure and seizure;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, text of judgment, result of the search of prisoners, investigation report (a confirmation of suspect, repeated crime, and fact that a separate detention is pending in a trial);

1. Habitualness of the holding: The application of the law to recognize the habitiveness in light of the records of each crime in the holding, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner.

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