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(영문) 광주지방법원 2015.06.17 2015재고단37
특정범죄가중처벌등에관한법률위반(절도)
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Defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

[Criminal Justice] On June 23, 2011, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny, etc. at the Incheon District Court and 2 years of suspended execution, and the said judgment became final and conclusive on October 21, 201. On November 7, 2011, the Defendant was sentenced to 6 months of imprisonment with prison labor at the Gwangju District Court for attempted larceny, etc. and completed the execution of the sentence on February 29, 2012.

【Criminal Facts】

1. On May 12, 2012, at around 02:35, the Defendant, C’s co-principal offender, and C: (a) discovered a F taxi owned by the victim E parked in Gwangju Northern-gu; and (b) sought to steal the goods located therein; and (c) C reported the network around it; and (d) the Defendant opened a door of a vehicle not corrected, and took up KRW 58,000 in cash entered therein.

The Defendant and C, together with the attached list 1, 2, and 3, stolen the assets of each victims habitually.

2. On May 14, 2012, the Defendant solely committed a crime: (a) around 21:00, at the main point of “I” operated by the Victim H located in Gwangju Northern-gu, Gwangju Northern-gu; (b) the victim opened and intrudes a gate that was not corrected by using the misperceptic gap; and (c) then, the victim’s cash 180,000 won and 700,000 won in total with smartphones.

In addition, from around that time to September 19, 2012, the Defendant stolen goods worth KRW 20,180,000, in total, over 31 times, as shown in attached Table 4 to attached Table 34.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning J, K, and L;

1. Each written statement of E, M, N,O, P, Q, H, R, T, U, V, X, Y, Z, AB, AC, AD, AE, AE, AF, AH, AI, AJ, AK, AL, AM,N, and AO;

1. Previous convictions in the judgment: Criminal records, investigation reports (written rulings of the same kind and reports on confirmation of the expiration date of the punishment for repeated crimes);

1. Habituality of the judgment: previous convictions in this case.

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