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(영문) 광주지방법원 목포지원 2017.12.01 2017고단968
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2] On February 9, 2010, the Defendant was sentenced to the suspension of the execution of imprisonment for six months with prison labor for larceny in the Gwangju District Court Branch of the Gwangju District Court on March 28, 201, and the suspension of the execution of the sentence was revoked on March 28, 201. On January 24, 2013, the judgment was finalized on March 15, 2013 by being sentenced to four months for attempted larceny of night buildings in the Gwangju District Court Branch of the Gwangju District Court on March 15, 2013. On February 2, 2016, the Defendant was sentenced to one year and six months for committing a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court, and completed the execution of the said sentence on January 16, 2017.

[Criminal facts] The Defendant committed a theft of cash on a parked vehicle, etc. that was not corrected to punish living expenses, etc.

On August 3, 2017, around 02:23, the Defendant: (a) opened the instant truck driver’s seat of the instant truck that was parked on the top of D, which was parked on the top of D in C at a wooden city; and (b) stolen the said truck with cash of KRW 4,00,000, which was owned by the victim F.

In addition, the Defendant, from the above day to August 8, 2017, committed an attempted crime by having approximately KRW 536,00,00 in total, in five occasions, as indicated in the List of Crimes, and having stolen cash or stolen cash, on five occasions, but not in cash.

As a result, the defendant was sentenced to imprisonment more than three times with prison labor due to larceny, etc. and was sentenced to not more than three years after the execution of the sentence, and again committed the crime of larceny and larceny during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G and H;

1. On-site photographs and CCTV photographs ( August 4, 2017)

8. 7. The crime, “D,” the photographed CCTV ( August 7, 2017); and

8. 4. The crime, seizure protocol, photograph, “D” CCTV camera photograph (related to the crime on August 3, 2017), investigation report (investigation into victim H phone), victim-site photograph, and criminal video CDs

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, each written judgment (Evidence Nos. 34, 36, 38), summary information inquiry of each case, and application of Acts and subordinate statutes to the personal expropriation status;

1. Criminal facts;

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