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(영문) 광주지방법원 목포지원 2016.05.31 2016재고단2
특정범죄가중처벌등에관한법률위반(절도)등
Text

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

Reasons

Punishment of the crime

On February 17, 2009, the Defendant was sentenced to a suspended sentence of one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court's Netcheon Branch. On May 12, 2010, the Defendant was sentenced to a fine of six million won for attempted larceny, etc. in the Gwangju District Court's branch court.

1. Habitual theft;

A. On June 14, 2010, at around 13:00, the Defendant discovered that the driver’s seat of the GPa car owned by the victim F was parked in the E employee parking lot located in the Southernan-gun, Seoul, the Defendant: (a) discovered that the driver’s seat of the GPa car owned by the victim F was not corrected; (b) entered the vehicle into the vehicle and stolen the vehicle with a chapter 2 of the Handbag, the 50,000 won right, the 10,000 won right, the 10,000 won right check.

B. On June 21, 2010, at around 08:50 around 08:50, the Defendant: (a) opened a driver’s seat of a passenger car owned by the Victim F using the clothes gate; and (b) opened the vehicle and found articles to be stolen, the Defendant was cut off to H, an employee of E, and attempted to do so.

Accordingly, the defendant habitually stolen or attempted to steals money or valuables of the victim.

2. Violation of the Traffic Act on roads.

A. On June 14, 2010, the Defendant, without obtaining a driver’s license for a motor vehicle on June 14, 2010, driving JMa business motor vehicle at approximately KRW 70 km from the front of the Defendant’s house via the E employee parking lot located in D located in Yong-gun, Nam-gun.

B. On June 21, 2010, the Defendant, without obtaining a driver’s license around 08:50 on June 21, 2010, driven a JM car on the front side of the said Defendant’s house at approximately 20 km from the above E’s parking lot to the E’s parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Inquiries into driver's licenses;

1. Previous convictions in judgment: Inquiry into criminal history data and investigation reports (report attached to a sentence of judgment);

1. Habituality of judgment: Each of the records of the crime, the number of crimes, the frequency of crimes, and the same kind of crime in the judgment, etc. shall be repeated within a short time.

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