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(영문) 인천지방법원 부천지원 2019.09.27 2019고합182
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On November 28, 2016, the Defendant was sentenced to one year of imprisonment for habitual larceny at the Seoul Eastern District Court, and on January 10, 2018, the Seoul Western District Court sentenced him to one year and six months of imprisonment for habitual larceny, and completed the execution of the sentence on April 7, 2019.

On May 16, 2019, the Defendant discovered that the door of the C-A-Wurt Motor Vehicle which was parked in the road near B at Seocheon-si around the end of May, 2019 was not locked, and stolen property worth approximately KRW 13,360,50,000 in total market price from July 13, 2019, including one wallet equivalent to approximately KRW 100,000,000, market price of the victim D, which was kept in the said vehicle, and one cell phone of approximately KRW 500,000,000, market price of which was stored.

As a result, the Defendant committed the larceny habitually and was sentenced to the punishment more than twice, and again committed the larceny within three years after the execution of the punishment was completed or exempted.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Each statement in G, H, I, D, J, K, L, M, N,O, and P;

1. Investigation reports (the No. 4,5, 12, 22, 28, 31, 34) and accompanying documents;

1. Reports on results of field identification and each photograph;

1. Records of seizure and the list of seizure;

1. Previous records: Criminal records and other inquiries, investigation reports (the current status of criminal records of a suspect and confinement of individuals), court rulings and personal confinement records;

1. Habituality of the judgment: A thief shall be admitted in light of the following facts: The history of each crime, the method and frequency of crimes, the number of crimes, and the crime committed with the same thief in approximately two months after the completion of the sentence;

Application of Statutes

1. The public prosecutor shall regard each of the criminal facts as substantive concurrent crimes on the list of crimes as stated in the judgment of the court below in Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act.

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