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Reasons
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(영문) 수원지방법원 2019.05.23 2019고단1245
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On October 10, 2002, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Suwon District Court on July 23, 2004, 8 months of imprisonment with prison labor for attempted larceny, etc. at the Suwon District Court on November 11, 2005, 8 months of imprisonment with prison labor for larceny, etc. at the Suwon District Court on January 21, 2009, at the Suwon District Court on January 21, 201, 2 years of imprisonment for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Suwon District Court on January 21, 201, 8 months of imprisonment with prison labor for night intrusion larceny, at the Suwon District Court on July 29, 201, and on April 13, 2017, the Defendant completed vocational training in the Suwon District Court on May 10, 2018.

On March 4, 2019, around 02:11, the Defendant: (a) opened a gate that was not set up and intruded into Samsung angle, which was widely known to the victim C (Nam, 48 years of age) in the wife B, and then stolen it with cash of 300,000 won in the fire hydrant located in the relevant location.

In addition, from May 19, 2018 to March 7, 2019, the Defendant: (a) stolen assets worth KRW 4,489,000, totaling 59,000, each of which is the victims’ possession from around May 19, 201 to around March 7, 2019; and (b) attempted to steal assets owned by the victims on 27 occasions as shown in the attached list 2 of the crime list; (c) but did not discover any assets to be stolen, and (d) failed to perform such intent.

As a result, the defendant was sentenced to imprisonment more than three times with prison labor due to larceny, etc., and again committed the crime of larceny or attempted larceny during the period of repeated crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each statement of E, F, G, H, I, J, K, L, M, N, P, Q, R, T, U, V, W, X, andY;

1. Each report on investigation;

1. Previous convictions: Criminal records, investigation reports (verification of the period of repeated crime of a suspect), and application of respective statutes of the judgment;

1. Specific crimes as prescribed in the corresponding provisions of the Act regarding criminal facts.

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