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(영문) 청주지방법원 2018.09.21 2018고합108
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for a term of four years and a fine of three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal record] On May 4, 2007, the Defendant was sentenced to imprisonment with prison labor for three years and a fine of three hundred thousand won for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Cheongju District Court. On August 26, 2010, the Defendant was sentenced to imprisonment with prison labor for the same crime, etc. at the same court on August 26, 2010. On July 3, 2014, the Defendant was sentenced to imprisonment with prison labor for four years and a fine of three hundred thousand won for the same crime and completed the execution of the sentence in Daejeon Prison on May 11, 2018.

[Criminal facts]

A. On May 14, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) committed a theft of the victims’ property worth KRW 4,966,00,00 in total at 15 times in the market price from that time to June 4, 2018, in front of the residence of the victims C in Cheongwon-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, the Defendant: (a) posted a key for the purpose of an occupation-building; and (b) did not commit a theft of the victims’ property worth KRW 2,50,000 in total at 15 times in total, as indicated in the list of crimes in the attached Table of Crimes (i.e., the victim’s property at KRW 4,966,00,00 in total; and (c) did not commit such theft.

Accordingly, the defendant habitually stolen or attempted to steals the victims' property 15 times in total.

B. On May 14, 2018, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driven a 10km drive from the front side of the Gu, Seo-gu, Seo-gu, Cheongju to the E-gu building parking lot without obtaining a bicycle driver’s license for a motor device at around 12:40 on May 14, 2018.

Summary of Evidence

The defendant's legal statement F, C, G, H, I, K, K, L, M, P, Q, R, and S's photograph description (on-site and seized photographs) and the investigation report (on-site and seized photographs) of the defendant's photograph, and the list of seizure and seizure records (related to the current market of damaged rice and mathy). The defendant's previous records are shown as follows: inquiry of criminal history, etc., personal acceptance status, and habitual records as shown in the judgment: the defendant's habitual records.

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