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(영문) 광주지방법원 2018.12.07 2018고합387
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2] On July 2, 2004, the Defendant was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court, and was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on April 5, 2006. On December 13, 2007, the Gwangju District Court was sentenced to four years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on December 21, 2012. On June 21, 2012, the Defendant was sentenced to three years and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on July 23, 2015 and completed the execution of the sentence on June 10, 2018.

[2] On July 28, 2018, the Defendant entered the bus with a 60,000 won of cash owned by the victim at the victim's bank located at the victim's bank located at the victim's bank located at the 150,000 won and then stolen it from July 23, 2018 to August 15, 2018. The Defendant: (a) discovered a bitless bus at the rest area of the mountain highway C (scam) located in the Yan-si, Chungcheongnam-si; (b) discovered an article without any passengers' unloading for rest; and (c) stolen the article equivalent to the total market price of KRW 16,24,00,00, which is the victim's total seven times as indicated in the attached list of crimes, from July 23, 2018 to August 15, 2018.

As a result, the defendant has been sentenced to punishment twice or more due to larceny, etc. and has committed larceny again within three years after the execution of punishment is terminated or exempted.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (victim D and telephone communications);

1. Each ctv photograph, on-site photograph;

1. Previous convictions: A reply to inquiries, such as criminal history, personal confinement status, and each written judgment;

1. Habituality of judgment: Each of the records of the crime, the number of crimes, the frequency of crimes, and the same kind of crimes as indicated in the judgment are repeated several times in a short period;

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