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(영문) 전주지방법원 군산지원 2013.10.24 2013고단697
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for a maximum term of one year and six months, and a short term of one year.

Reasons

Punishment of the crime

On June 9, 2011, October 25, 2011, and September 27, 2011, the Defendant sent juvenile protection cases due to special larceny, etc. three times in total at the Jeonju District Court’s Gunsan Branch. On November 22, 2012, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Jeonju District Court’s Gunsan Branch, and was sentenced to probation, and the said judgment becomes final and conclusive on the 30th of the same month and is currently under suspension of execution.

1. Violation of the Aggravated Punishment Act;

A. On May 2012, the Defendant: (a) opened a mash door through the gate, which was written on the victim D’s residence in the Gunsan-si; (b) opened the mash door; and (c) invaded into the living room in the said dwelling area and discovered the object to be stolen; and (d) did not constitute an attempted crime.

B. On June 2012, 2012, the Defendant discovered the victim in the vicinity of the victim D’s residence located in Gunsan-si, Sinsan-si, and told the victim to “I want to purchase tobacco”, and the victim took the resident registration certificate into his/her hand and took the resident registration certificate into his/her hand between the deceased and his/her loss.

C. From around 08:40 on March 18, 2013 to around 17:00 on the same day, the Defendant went to work at the victim F’s residence in Gunsan-si, and went to work at the inside of the said residence through the toilet window by using any cresh, and then cut off nine half of the market price owned by the victim in the Ansan cremation-si, the amount of which is equivalent to 5,960,000 won, and three sons.

Accordingly, the defendant habitually stolen or attempted to steals the victims' property.

2. On October 25, 2012, the Defendant violated the Resident Registration Act: (a) sold part of the stolen goods, as set forth in paragraph (c) of Article 1, to I, the owner of the relevant gold bank, at the Hasan-si G around October 25, 2012; and (b) presented as one’s own, the D resident registration certificate, which was stolen, as set forth in paragraph (1).

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