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(영문) 제주지방법원 2019.09.26 2019고합98
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Criminal Power] The Defendant, at Jeju District Court on August 29, 2005, sentenced one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on June 13, 2008, and two years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on July 28, 201, three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on August 22, 2013, and one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. of Specific Crimes on June 15, 2017, and completed the execution of the sentence on September 26, 2018.

【Criminal Facts】

1. The Defendant, at around 14:30 on January 23, 2019, entered the victim’s house at the victim’s house at the victim’s house located in Seopopopo City B, and cut off the cash of KRW 500,000,000, which is the ownership of the victim located in Seopoporo, from the entrance that had not been corrected before the victim’s house at the victim’s house

2. On April 22, 2019, around 09:00, the Defendant opened a entrance that was not corrected in the house of the victim E at Jeju, and opened as a unit, and cited 6.50,000 won in cash from the victim’s wall located in that place, and stolen it.

As a result, the Defendant was sentenced to punishment twice or more due to larceny, etc., and habitually stolen another’s property within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement E and C prepared;

1. Report on occurrence of a theft;

1. 112 Reporting case management table;

1. Report on internal investigation (verification of CCTV images at a pan-passing place);

1. On-site photographs;

1. Other relevant photographs;

1. Previous records of judgment: Criminal records, inquiry reports, internal investigation reports (verification of the fact of confinement to a suspected correctional institution), investigation reports (verification of repeated crimes), and investigation reports (report on criminal records of the same type and attachment of judgments);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the number of crimes, and the same kind of crimes committed several times for a long time in the judgment;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.

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