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(영문) 전주지방법원 군산지원 2011.05.12 2011고단428
특정범죄가중처벌등에관한법률위반(절도) 등
Text

A defendant shall be punished by imprisonment for two years.

One cuter (No. 2) seized and one waste (No. 3) shall be confiscated, respectively.

Reasons

Punishment of the crime

around March 1980, the Defendant was sentenced to imprisonment with prison labor for the crime of larceny at night in the Jeonju District Court, for the crime of larceny at night and around May 193, for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the above Support around May 1993, for the crime of larceny at the Jeonju District Court around August 2005, for ten months of imprisonment with prison labor for the crime of larceny and fine of two hundred thousand won in the Jeonju District Court, and for the crime of larceny at night in the military support of the Jeonju District Court around May 207, for eight months.

1. On March 23, 201, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) cut off approximately 500 meters of electric wires equivalent to KRW 1,395,00 in the market price owned by the victim, which was connected with the pumps, from March 23, 201, to cut off approximately 1,395,000 in the market price of the victim owned by the pumps, and continuously loaded them into the EPoter, which is owned by the Defendant, from the FFF waterway around 21:10 on the same day, at around 21:10, at the market price of the victim owned by the Korea Rural Community Corporation covering the farm waterways, one steel cover of KRW 10,00 in the market price of the victim owned by the Korea Rural Community Corporation and two iron plates of KRW 50,000 in the market price, and loaded them into the said cargo vehicle.

As such, the Defendant habitually stolen the objects of the above victims two times.

2. On March 23, 2011, the Defendant violated the Road Traffic Act (free license) driving of approximately 20km from the Defendant’s house located in G at the following month without a driver’s license on March 19, 201 to the F in the following month, around 21:20 on the same day from the Defendant’s house located in G at the following month.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and D;

1. Records of seizure, the list of seizure, photographs, information under the Acts, the register of driver's licenses, on-site photographs, and investigation reports;

1. Records before judgment: Criminal records, etc. and inquiry reports;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the fact that each crime history and the same kind of crime in the judgment were committed again;

1. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning criminal facts and the habitual larceny.

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