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(영문) 창원지방법원 진주지원 2020.01.16 2019고합95
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Criminal Power] On July 8, 2015, the Defendant was sentenced to imprisonment with prison labor for a crime of habitual special larceny at the Changwon District Court on April 1st, 2015; ten months from the Jinwon District Court on February 19th, 2016; and one year and six months from the Changwon District Court on March 27, 2018, with prison labor for habitual larceny, etc. at the Jinwon District Court on March 27, 2018; and completed the execution of the sentence at the Jinwon District Court on May 28, 2019.

【Criminal Facts】

At around 15:00 on August 8, 2019, the Defendant entered the victim C’s house located in Sacheon City B, and stolen goods, and entered the house through an open gate, and cut off precious metal worth KRW 5,610,000 in total of market prices, including one, one, one, one, and one, one, one, and one, one, and another, one, in an inner wall.

In addition, the Defendant entered the victims' house 17 times in total from July 2019 to July 2019, and attempted to steal or steals things equivalent to the total market value of 49,176,800 won, which is owned by the victims.

As a result, the defendant was sentenced to punishment twice or more due to larceny, etc. and again committed larceny within three years after the execution of punishment is terminated or exempted.

Summary of Evidence

[2019Gohap95]

1. Defendant's legal statement;

1. Partial statement of the witness C;

1. Each police statement made to D, E, F, G, H, I, J, and K;

1. Each written statement of L, M, N,O, P, Q, R, S, T, and U;

1. Certificates of details of transactions, lists of transactions, and photographs of transaction books;

1. Each investigation report (with respect to the suspect's sloter identified within the Vart, the attachment of W transit within the jurisdiction of Sacheon City, attachment of vehicles booms images, etc., and the movement of A who attempted to dispose of stolen goods in X, items damaged by this case and market value specified);

1. A previous conviction: A statement of inquiry into criminal records, etc., a report on the results of disposition before and after the disposition, each judgment, and each individual;

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