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(영문) 전주지방법원 2017.04.26 2017고단387
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On February 3, 2005, the Defendant was sentenced to imprisonment with prison labor for one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Jeonju District Court’s Eup branch, and on April 21, 2011, sentenced to imprisonment with prison labor for the same crime in the same court on April 21, 201, and on July 1, 2015, in the same court on July 8, 2015, the Defendant was sentenced to imprisonment with prison labor for three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and completed the execution of the sentence in the Jeonju prison on July

[2] Defendant 1 was sentenced to imprisonment not less than three times due to the above violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and committed larceny as follows, even though the period of repeated crime is within the period of repeated crime.

1. On February 15, 2017, around 11:00, the Defendant opened a gate in Kim Jong-si, the victim D, which was located in Kim Jong-si, and intruded into the inside of the body, and then colored the stolen object. However, the Defendant did not commit an attempted act because the stolen object was not in effect.

2. On February 15, 2017, around 13:30, the Defendant: (a) opened a closed gate in Kim Jong-si, Kim Jong-si; (b) intruded into the living room; and (c) cited and stolen an envelope containing KRW 1.2 million in cash within the victim’s hand room located on the floor.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements of D;

1. On-site photographs (village color photographs, G access surface, G water color surface, H access surface, and H water color surface);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment of a copy of the judgment), investigation report (verification of expropriated information), and statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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