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(영문) 광주지방법원 2019.09.18 2019고합323
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On December 6, 2017, the Defendant was sentenced to imprisonment with prison labor for habitual night buildings, intrusionion buildings, larceny, etc. at the Gwangju District Court on September 21, 2018; on September 21, 2018, the same court was sentenced to one year to imprisonment with prison labor for habitual night buildings, intrusion upon a structure; and on July 15, 2019, the execution of the sentence was terminated.

【Criminal Facts】

To the extent that the identity of the facts charged is not undermined, part of the facts charged was revised ex officio.

Around 22:40 on July 17, 2019, the Defendant: (a) committed a theft of KRW 20,000 in cash owned by the victim of the damage in the Gwangju Mine-gu, by taking advantage of the cresh inside the restaurant through the lush network opened; and (b) committed a theft of KRW 20,000 in cash owned by the victim from around that time to August 1, 2019; and (c) committed an intrusion on a building at night on a total of six occasions, including No. 1,3,5,00 in attached Table No. 1, 3, and 5, and 8 in attached Table No. 1, 200 in total; and (d) committed a theft of the property owned by the victims at night on two occasions, as indicated in attached Table No. 2 and paragraph (9), and did not infringe on the property as indicated in attached Table No. 4.

As a result, the Defendant, who was sentenced two or more times to habitually dry buildings, locked buildings, theft, etc., and had habitually intruded on a structure at night over nine times within three years after the execution of the sentence was completed, and thus stolen, stolen, stolen, or stolen another’s property.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, G, E, H, I, J, K, C, and L;

1. All on-site photographs and CCTV images;

1. Previouss before and after judgments: Criminal history records, probationary records, results of prisoners' search, judgment, investigation report (No. 4, 35 evidence list);

1. Habituality of the judgment: The records of each crime, the number of crimes, the frequency of crimes, the motive of crimes, and the short-term period after release.

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