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(영문) 창원지방법원 2013.06.27 2013고합102
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Criminal power and criminal defendant were sentenced to a summary order of one million won as a fine for larceny at the Changwon District Court on September 23, 2005, and on August 24, 2006, the same court in the same court on October 12, 2007, in the same court on December 14, 2007, sentenced ten months of imprisonment with prison labor for larceny, etc.; two months of imprisonment with prison labor for larceny, etc.; one year and eight months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the same court on November 5, 2009; and on February 18, 2011, the same court sentenced one year and six months of imprisonment with prison labor for the same crime to the same court on July 5, 2012.

On November 22, 2012, the Defendant opened a door and entered into the house by using the key located in the mail box at the victim D's house located in Changwon-si, Changwon-si C apartment 201.

The Defendant habitually stolen the property worth KRW 2,482,00,00 in total, from March 12, 2013 to March 14, 2013, as stated in the list of crimes in attached Table 1, the Defendant attempted to steal another’s property on five occasions, such as the list of crimes in attached Table 2, but failed to achieve that intent.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each written statement of D, E, F, G, H, I, J, K, L, M, N,O, P, Q, R, and T;

1. Records of judgment: Criminal records, etc., inquiry reports and copies of judgment;

1. Habituality of the judgment: In light of the fact that a person was sentenced to a punishment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes and committed a repeated crime during the period of a repeated crime, and that a person repeatedly commits a larceny over 18 occasions during a period of about four months, a habit

Application of Statutes

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the selection of punishment;

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