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(영문) 광주지방법원 목포지원 2013.11.29 2013고단1621
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【Aggravated Punishment, etc. of Specific Crimes (Larceny) before a repeated crime and habitual recognition】 On July 14, 201, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) in the Gwangju District Court’s Mapo-si branch, and was released on January 30, 2013 and passed on May 5, 2013 while the sentence was executed

In addition, on September 4, 2009, the defendant was subject to a disposition to transfer juvenile protection cases by larceny, etc. at the Mapo-si Office of the Gwangju District Prosecutors' Office.

【Criminal Facts】

1. On October 13, 2013, the Defendant found that the “D” vehicle owned by the victim E was set up on the front of the “D” road located in G in G in Shapo City around 22:30 on October 13, 2013, and used the said vehicle to drive the said vehicle to the Defendant’s house located in G in G after having knife the front door of the said vehicle.

Accordingly, the defendant habitually stolen the above vehicle of KRW 10 million at the market price owned by the victim.

2. Violation of the Road Traffic Act;

A. The Defendant driven the said F Ka car without obtaining a driver’s license in approximately 600 meters section from the Do in front of the Defendant’s house located in G to the front road of the Defendant’s house located in G at the time of the time set forth in paragraph 1.

B. At around 19:00 on October 17, 2013, the Defendant driven the said F car without obtaining a driver’s license from the front of the Defendant’s house located in G to the front of the “former Free Market” located in the same Dong from the Do to the road located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on vehicle theft;

1. Records of seizure and the list of seizure;

1. Report on internal investigation (on the spot rent), investigation report (the telephone conversation of a victim), investigation report (the distance of driving without obtaining a suspect's license);

1. Statement of reasons for disqualification;

1. Previous records of judgment: Criminal history records, inquiry reports (A), investigation reports (verification of the date of release from office and attachment of judgment);

1. Habituality in the holding: Each criminal history and habitual larceny in the holding;

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