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(영문) 광주지방법원 순천지원 2012.12.27 2012고단3193
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Seized evidence 1 or 2 shall be confiscated.

Reasons

Criminal facts

On December 27, 1996, the Defendant was sentenced to a suspended sentence of 8 months in the Seoul Central District Court for the crime of attempted special larceny, and 10 months in the Chuncheon District Court for the punishment of larceny.

In addition, on August 25, 199, the Defendant was sentenced to imprisonment with prison labor for one year and six months for the same crime from the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and one year and six months from the date of July 30, 2001 from the original branch of the Chuncheon District Court, and one year and six months from the imprisonment with prison labor for the same crime from the official branch of the Daejeon District Court on March 21, 2003 from the official branch of the Daejeon District Court on November 17, 2004 and two years from the Daegu District Court Kimcheon Branch on June 8, 2007 to the same crime, respectively.

On June 30, 2011, the defendant was sentenced to imprisonment with prison labor for the same crime at Jeju District Court on June 30, 201, and on November 16, 2012, the Jeju Prison completed the execution of the sentence.

On November 20, 2012, around 15:20 on December 20, 2012, the Defendant: (a) saw that the spawn’s gold is kept in the front at the expense of Franc City C; (b) tried to steal money and valuables in his possession; and (c) carried out the correction device of the spawn in his possession using the spawn that the surveillance, such as the victim D (legal name: E), was neglected; and (d) carried out the cash in his possession.

The defendant continued to take cash in the past C in the above way, and continued to take it out in the past C.

Accordingly, the Defendant habitually stolen 60,000 won in cash.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Seizure records;

1. Before judgment: Criminal records, criminal investigation reports (Attachment to a written judgment), personal identification records, investigation reports (verification of the date of final release);

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

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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