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(영문) 대전지방법원 서산지원 2019.08.14 2019고합35
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On December 24, 2008, the Defendant was sentenced to two years and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Jeonju District Court on January 27, 2012, sentenced to one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Suwon District Court on January 27, 2012, and on October 29, 2015, the Defendant was sentenced to two years of imprisonment for a crime of habitual larceny at the Suwon District Court on August 1, 2017.

【Criminal Facts】

1. From November 21, 2018 to November 21, 2018, the Defendant stolen KRW 1,000,000,000, in cash owned by the victim, who intruded into the inner west and kept in the inner west, through the window behind the said residence where the victim was located in the victim C, who was in his/her house in his/her house during the period from November 21, 2018 to 13:45 on the same day.

2. The Defendant committed the crime of November 22, 2018, from around 14:30 to around 15:00 on the same day, stolen cash amounting to KRW 1,350,00 and two passbooks owned by the victim and two passbooks, which were stored in the sexual harassment, by intrusion into the family through the rear door where the victim was opened for the purpose of theft of another victim’s property in the case of the victim E, in which the victim’s house was located in the case of the victim E from around 14:30 to around 15:00 on the same day.

Accordingly, the defendant was sentenced to punishment twice or more for larceny, and again stolen the victims' property within three years after the execution of the punishment was terminated or exempted.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written statement of C and E;

1. Confirmation of identity of a person who has reported occurrence of a theft, on-site photographs, reports on results of field identification, and fingerprints of a larceny case (Evidence Nos. 1, 3, 4, 7);

1. Report on occurrence, on-site photographs (Evidence Nos. 9, 10);

1. Previous records of judgment: A inquiry report, written judgment, and current status of personal confinement;

1. Habituality: Each of the crime records as indicated in the judgment and the same multiple methods within the short time after release.

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