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(영문) 수원지방법원 성남지원 2017.12.07 2017고합237
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On June 22, 199, the Defendant was sentenced to imprisonment for one year and six months with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in a capital support by Suwon District Court on June 22, 199; on March 19, 198, the Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Central District Court on December 27, 2001; on May 11, 2007, the Defendant was sentenced to three years and six months with prison labor for larceny, etc. at the Seoul Western District Court on May 11, 2007; on December 21, 2010, the Defendant was sentenced to imprisonment with prison labor for three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on September 4, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual larceny from the Sungnam District Court on December 16, 2017.

On May 17, 2017, the Defendant: (a) at the “E” legal party operated by the victim D in Seoul Jung-gu Seoul Central Government, the Defendant stolen money and valuables worth KRW 3,775,000,000, in total, from September 14, 2017 to September 19, as indicated in the list of crimes in the attached Form, from the time to September 14, 2017, with the victim D’s land at the location of the lock-gu Seoul Central Government; and (b) committed the theft of money and valuables worth KRW 500,00,000, total market price owned by the victims habitually from the Japanese War.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Each statement prepared by H, D, I, J, K, L, M, N,O, P, Q, S, T, U,V, and W;

1. Photographs of each on-site photograph, each on-site report, the processing of reported cases, and the closure of CCTV;

1. A protocol of seizure and a list of seizure;

1. Previous records: Results of inquiry and investigation reports (Attachment of the same kind of judgment of the suspect);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-4(1) of the Criminal Act comprehensively covering the relevant criminal facts.

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