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(영문) 대전지방법원 2017.05.18 2016고합508
특정범죄가중처벌등에관한법률위반(절도)
Text

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

One copy (No. 2) of seized fingers, etc. (No. 6), one lock (no. 6), and one copy (No. 6).

Reasons

Punishment of the crime

On July 19, 2002, the Defendant was sentenced to two years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court's net support on June 10, 2005, three years of imprisonment for the same crime in the Gwangju District Court's net support on May 30, 2008, and three years of imprisonment for the same crime in the Gwangju District Court's same district court on May 30, 2008. On April 10, 2014, the Defendant was sentenced to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju High Court's decision of unconstitutionality, and review was commenced in accordance with the decision of unconstitutionality of the Constitutional Court's decision of unconstitutionality, and the execution of the final sentence on March 31, 2016 was terminated by imprisonment with prison labor for three years.

On November 4, 2016, around 18:00, the Defendant: (a) opened a kitchen 300,000 won in cash, the ownership of the victim, which was habitually 12 times from around that time, and went into a room, and opened a kitchen with the house of the victim D in the large exhibition district C; and (b) infringed on the room, and generated cash of 30,000 won, which is the ownership of the victim, which is the ownership of the victim, which was stored in the bank; and (c) committed a theft or attempted to steals of the victims over 12 times in total, as indicated in the list of crimes in the attached Table of crimes.

As a result, the Defendant was sentenced to punishment twice or more due to larceny, etc., and again stolen another person's goods or attempted to steal another person's goods within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement (E, F, G, D, H, I, J, K, L, M, N, andO);

1. Each report on the occurrence of a thief (infringed larceny, larceny, attempted larceny) and report on the occurrence of a suspected theft;

1. Each investigation report (CCTV, on-site investigations, CCTV analysis and investigation, reinforcement of victim's statements, confirmation of sunset time, and confirmation of the amount of damage);

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

1. A report on the results of field identification (E, D, M, F, I, H, J, G, K, N, November 5, 2016, and persons on November 27, 2016);

1. Each photograph;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, current status of personal confinement, investigation report (Attachment of the judgment and repeated offense);

1. Habituality of the judgment: the records of the crime, the method and frequency of the crime as indicated in the judgment;

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