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(영문) 대구지방법원 서부지원 2016.05.13 2016고단620
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for three years.

Seized evidence 1 to 7 shall be confiscated.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On June 16, 1982, the Defendant was sentenced to imprisonment with prison labor for at least one year and six months, and two years, from May 18, 1989, with prison labor for special larceny at the Seoul Central District Court on the Seoul Central District Court on November 4, 2003; imprisonment with prison labor for the attempted larceny at the request of the Suwon District Court on November 28, 2003; imprisonment with prison labor for eight months from the Incheon District Court on November 28, 2008; and on May 12, 2011; imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on May 12, 2015; and imprisonment with prison labor for two years from the resident support of the Daegu District Court on May 12, 2015; and the execution of the sentence terminated on December 12, 2016.

【Criminal facts】 On March 3, 2016, at around 10:00, the Defendant: (a) intruded through the window of a non-rectal multi-use room located in the victim J, and stolen the victim’s cash amounting to KRW 1,020,000 and the market value equivalent to KRW 2,250,000 in precious metal amounting to KRW 3,270,000 in total; and (b) stolen the victim’s cash amounting to KRW 2,270,00 in total.

Defendant from that time to that year

4. From April 16, 2016 to November 11, 2016, from around 13:00 to around 13:00, the victims did not discover goods owned by the victims by the victims due to their intrusion upon their residence over a total of 20 times, such as the list of crimes (1) in the attached form as above, and theft of goods equivalent to the total market value of 31,943,000 won owned by the victims. From around 12:30 on April 16, 2016 to around 11:30 on April 25, 2016, the victims failed to discover goods owned by the victims due to their intrusion on the victims’ residence or attempted to steal them by the victims as described in the list of crimes (2) in the attached form.

Accordingly, the defendant was sentenced to imprisonment not less than three times due to larceny, etc., and the victim's property has not been stolen over a total of 20 times during the repeated crime period, and the victim's property has not been stolen over a total of four times.

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