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(영문) 인천지방법원 2014.05.28 2014고합145
특정범죄가중처벌등에관한법률위반(절도)
Text

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

One (No. 1), a portable handlight, etc. which has been seized.

Reasons

Punishment of the crime

[Criminal Power] On February 18, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on February 18, 2009, and was sentenced to three years and six months for the same crime at the former District Court on October 26, 2010, and was sentenced to imprisonment with labor for the same crime on February 5, 2014, and was several persons with the previous department.

【Criminal Facts】

Around 04:00 on February 9, 2014, the Defendant: (a) destroyed the opening door of the Victim D operation “E” in Yongsan-gu Seoul Metropolitan Government by putting the entrance door up in front, rear and rear, and 4:5 times in front and rear, and intruded into such opening; (b) stolen the cash amounting to KRW 1.30,000 owned by the victim in the Karter, while in custody, by taking out the cash amount of KRW 1.30,000 from around that time to March 2, 2014; and (c) habitually stolen money, valuables, goods, etc. totaling KRW 2.15,00,000 from around nine times, as indicated in the list of crimes in the attached Table, or attempted to steals.

As a result, the defendant was sentenced to two or more penalties for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was habitually stolen or attempted to steals another's property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

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

1. Reporting on results of field identification and reporting on investigation (specific suspect);

1. Records of seizure and the list of seizure;

1. A photograph of each on-site photograph and a closure of on-site CCTV;

1. Previous records of judgment: Criminal records, etc., inquiry report, previous records of disposition, confirmation report, judgment, results of confinement of prisoners;

1. Habituality of the judgment: The defendant has several criminal records of the same kind, including the criminal records of the crime of larceny, and the defendant has repeatedly committed each of the larceny of this case after the completion of the final sentence, and the theft of this case is recognized in light of the frequency of the crime and the method of the crime.

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