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Reasons
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(영문) 대전지방법원 2012.09.26 2012고합397
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On September 16, 1998, the Defendant was sentenced to imprisonment for a maximum term of one year and six months, for a short term of one year, for a short term of one year and six months, for the same offense in the same court on June 2, 200, for the same offense in the same court on June 10, 202, three years of imprisonment for the same offense in the same court on September 27, 2005, for six months from the same court on September 27, 2005 to larceny for the same offense in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on February 2, 2007, and completed the execution of the sentence on March 5, 2012.

1. At around 12:20 on July 4, 2012, the Defendant: (a) stolen the property in total amounting to KRW 5.30,000,000, such as a color bank and wallets, credit card, cash, etc. owned by the victim F, who opened a door of G vehicle and used a cresh in which the victim F was able to buy a door of G vehicle; and (b) stolen the property in total amounting to KRW 530,00,000.

2. At around 19:10 on July 4, 2012, the Defendant: (a) stolen the key under the victim’sJ, which was put in shower, and opened the victim’s shoulder and stolen the victim’s property worth KRW 150,000,00 in total, including 10,000,000,00 won of the market price of the victim’s possession, and 10,000,00 won in cash.

3. On July 4, 2012, the Defendant: (a) at the same place as above 21:40 on July 4, 2012, the Defendant: (b) took advantage of the gaps in which the Victim K K saw a shower’s key to the other hand, and (c) took advantage of the gap in which K saw the said key to the other hand, and (d) took advantage of the victim’s rash, and stolen the victim’s property, such as a black color, wall, and credit card.

Accordingly, the defendant habitually stolen another's property three times.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to K, J, and F;

1. The police seizure record and the list of seizure;

1. The investigation report and the investigation of the defendant's belongings, I.

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