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(영문) 창원지방법원 마산지원 2018.05.29 2018고단169
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Criminal facts

On October 12, 2007, the Defendant was sentenced to imprisonment of 10 months with prison labor for larceny at night at the Seoul Central District Court on May 13, 2009, at the Jeonju District Court on September 30, 2009; imprisonment with prison labor for larceny at the Jeonju District Court on September 30, 2009; on October 20, 2010, with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Jeonju District Court’s military support; on August 19, 2015, the Defendant was sentenced to imprisonment with prison labor for two years at the Busan District Court for habitual larceny, etc. and completed the execution of the sentence on May 12, 2017.

At around 08:30 on September 2, 2017, the Defendant: (a) discovered a victim C-owned D-owned vehicle located on a road under the highest level of 3 new apartment-type 4,00, Masan-si, Changwon-si, Changwon-si; (b) opened an unlocked vehicle; and entered the said vehicle; and (c) stolen money and valuables worth KRW 4,353,000 in total once from that time until February 5, 2018, including one male wall per the market value of the victim-owned land at the location, which is equivalent to KRW 50,00,00,000, in total, from around 11, as indicated in the “Crimes List”.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement of E, F, G, H, I, J, K, and L;

1. Police seizure records;

1. On-site reports (on-site reports), internal investigation reports (CCTV analysis), internal investigation reports (the analysis of the image of damaged vehicles), internal investigation reports (the investigation of the confirmation of the crime scene records), and investigation reports (CCTV images, etc.);

1. A previous conviction: Application of a written inquiry about criminal history and a written investigation report (the fact that the suspect currently is in the period of repeated crime, etc.);

1. Article 5-4 (5) 1 and Article 329 of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes (applicable to a criminal record of habitual larceny, etc.);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Article 50) of the Criminal Code of the Aggravation of Concurrent Crimes.

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