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(영문) 광주지방법원 2016.04.22 2016고합69
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2] On May 12, 1992, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court on May 12, 1992, and on July 8, 1997, with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jeonju District Court Branch Branch on July 8, 1997, and on August 31, 2001, with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jeonju District Court Branch on August 31, 2001, and on March 9, 2006, with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jeonju District Court Branch Branch Branch Branch Branch Branch on July 1, 2015, and completed the sentence from the Jeonju District Court on July 11, 2015.

[2] On March 2, 2016, at around 10:00, the Defendant intruded with a victim D’s house opening window located in Go Chang-gun, North Chang-gun, North Korea on March 2, 2016, and committed an attempted crime by taking advantage of the victim’s property, such as the list of crimes Nos. 1 in the attached Form No. 1, from that time, the Defendant stolen or attempted to steals the victim’s property at least three times until March 11, 2016, as indicated in the list of crimes in the attached Table of Crimes.

As a result, the Defendant habitually stolen or attempted to steals the victims' property amounting to KRW 1,298,700 in total, on three occasions, such as the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of D and F;

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

1. Photographss of each site and photographs of damaged objects;

1. A previous conviction in judgment: Data on criminal records, investigation reports (date of confirmation of the expiration of the term of punishment), one copy of the personal identification status, investigation reports (former and conclusive confirmation), and five copies of the judgment;

1. Habitualness of judgment: Application of Acts and subordinate statutes that recognize the commission of larceny in light of the past records of each crime, the number of crimes, the frequency of crimes, etc.;

1. Article 5-4 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under Article 5 of the relevant Act.

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