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(영문) 수원지방법원 성남지원 2014.02.13 2013고합251
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

One document (No. 1) seized by the defendant shall be confiscated.

Reasons

Punishment of the crime

On December 11, 2007, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended sentence for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and was sentenced to 1 year and 6 months by the Cheongju District Court on June 13, 2008. On August 26, 2010, the Cheongju District Court sentenced 3 years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence in the Daejeon District Court on May 7, 2013.

1. At around 03:00 on July 12, 2013, the Defendant opened and intruded a cafeteria that was not locked at the 'D' restaurant located in the Jung-gu Seoul Special Metropolitan City, Jung-gu, Seoul Special Metropolitan City, and then stolen 400,000 won in cash within the Kabter’s treasury.

2. At around 10:30 on July 20, 2013, the Defendant: (a) opened a locked entrance in the “F” room located in the Jung-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City; (b) and (c) cut off with a credit card, driver’s license, etc. in that room.

3. On August 16, 2013, around 03:00, the Defendant opened a crime prevention hall connected to the “I” restaurant located in the Jung-gu Seoul Special Metropolitan City, Seowon-gu, J, and intruded into it, and then stolen cash of KRW 152,00 in the Kitter’s safe.

4. At around 03:00 on September 19, 2013, the Defendant revoked and intruded with “K” the locking system of the lower entrance back to a restaurant at “K located in the J of Jung-gu, Jung-gu, Seoul Special Metropolitan City, Jung-gu, Seoul Special Metropolitan City, and then stolen KRW 70,000 in cash in the Kitter’s credit cooperative.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police officer's statement concerning L and G;

1. Statement in each simplified statement of M or N;

1. No. 1 of the certificate;

1. Previous convictions: Criminal records and investigation reports (suspects' inquiry and attachment of judgment);

1. Habituality: Application of Acts and subordinate statutes recognizing dampness in light of the power of crimes, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind;

1. Criminal facts;

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