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(영문) 수원지방법원 2013.08.20 2013고합404
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On December 15, 1995, the Defendant was sentenced to one year and two years of imprisonment for larceny at the Gwangju District Court. On November 9, 200, the Seoul Central District Court sentenced two years and six months of imprisonment for a violation of the Aggravated Punishment, etc. of Specific Crimes Act, etc. at the Seoul Central District Court, and sentenced ten months of imprisonment for a special larceny at the Seoul Central District Court on October 26, 2007. On December 2, 2008, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Aggravated Punishment, etc. of Specific Crimes Act at the Busan District Court on May 30, 2010 and completed the execution of the sentence.

On May 14, 2013, at around 01:30, the Defendant lent a dog to the victim C, who was under the influence of alcohol on the front of the home plug, located in Sinpo-si 1061, Sinpo-si, 1061, and accessed the victim’s body, and then cut off the 200,000 won in cash, and the wall with two credit cards.

In addition, the Defendant, as indicated in the list of crimes in the attached Form, committed a theft of approximately KRW 940,000 in total amount of credit cards, cash cards, and cash in six occasions from January 28, 2013 to May 14, 2013, after inducing the victims who were habitually drunk to have their body contacted at six times, and by taking out the locks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Records of each case against the victim F, G, and H;

1. C’s statement;

1. CCTV photographs, on-site inspection photographs;

1. Report on occurrence, investigation report, investigation report (verification of details of statement of a suspect), investigation report (verification of the degree of harm to the victim E);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of criminal records of the same kind of suspect and the fact of repeated crimes);

1. Habituality: The defendant has been punished four times for the same crime, such as the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, but the defendant again commits the crime in this case under the same several Acts as the previous one within the period of repeated crime after the execution of the final sentence was completed.

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