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(영문) 광주지방법원 2018.04.20 2018고합19
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Criminal facts

[2] On March 8, 2012, the Defendant was sentenced to a suspended sentence of one year for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on the Aggravated Punishment, etc. of Specific Crimes, and on May 2, 2012, the period of the suspended sentence became final and conclusive on July 7, 2012 by having been sentenced to ten months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the same court on the Aggravated Punishment, etc. of Specific Crimes. On June 17, 2014, the said court was sentenced to one year for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On June 15, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for habitual larceny, etc. at the same court on June 15, 2017 and completed the execution of the sentence in Gwangju prison on December 21, 2017.

[2] From around 22:20 on December 23, 2017 to around 22:40, the Defendant opened a door door that was not corrected at the victim D’s house located in the Gwangju Mine-gu, Gwangju, and intruded into a small room, and stolen it with a son and child of an amount equivalent to KRW 300,000 in the market price and 20,000 in the market price, as indicated in the separate crime list from around that time to January 15, 2018. The Defendant attempted to steals or steals property of an aggregate of KRW 908,000 in total on six occasions as indicated in the separate crime list.

As a result, the defendant was sentenced twice or more to larceny, etc. and again attempted to larceny or larceny within three years after the execution of the sentence is completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, E, F, G, H, and I;

1. Each related photograph;

1. A response to confirmation of identity by fingerprinting on the theft scene, and a gene appraisal report;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (verification of criminal history of the same kind), each judgment, and current status of personal confinement;

1. Habituality of judgment: The records of each crime, the number of crimes, the frequency of crimes, and the same kind of crimes as indicated in the judgment within a short period;

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