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(영문) 광주지방법원 2018.03.16 2017고합597
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

[criminal record] On April 17, 1997, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Gwangju District Court, and two years of imprisonment with prison labor at the Gwangju District Court on October 30, 1998 for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and six criminal records of the same kind. On February 20, 2014, the Defendant was sentenced to three years of imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Gwangju District Court's Branch of the Gwangju District Court, and completed the execution of the sentence on December 14, 2016.

[Criminal facts] The Defendant, from around 12:00 on Nov. 1, 2017 to around 12:30 on a day from around 12:30, was collected from the victim D (67 aged) located in C, and entered the kitchen through the unrecepted kitchen window, and then 200,000 won in cash is deducted from the kitchen machine within theusus.

In addition, from the time of theft to December 13:00 on December 6, 2017, the victims' property was stolen at least nine times in total, as shown in the list of crimes in the attached Form.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

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

1. Each investigation report (including documents attached thereto, Nos. 37, 38, 38-1, 171, 177, and 177);

1. Responses to fingerprinted results at criminal scene;

1. Previous convictions: Criminal history inquiry, investigation report (No. 41 No. 5 of the evidence list), and personal confinement status;

1. Habitualness: The Defendant had been sentenced to seven times of punishment due to the crime of larceny, night intrusion larceny, and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny). The Defendant committed the crime of this case, including most previous criminal offenses, during which he was released from prison after his prison labor due to the crime of this case, and committed the crime of this case, which is very similar to each of the crimes of this case, such as theft of money and valuables, etc. after intrusion upon his residence beyond his wall. The crime of this case is also committed in the same manner as the crime of this case, such as the force of each crime, method of the crime, frequency of the crime, and the execution of the final sentence.

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