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(영문) 수원지방법원 여주지원 2013.07.08 2013고단401
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On October 8, 2001, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at a main branch of the Chuncheon District Court, and on January 10, 2002, the same court issued a summary order of one million won as a fine for larceny. On May 16, 2003, the Chuncheon District Court sentenced two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the same court on August 18, 2006. On September 11, 2008, the Defendant was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and completed the execution of the said punishment on December 14, 2010.

1. At around 16:10 on October 22, 2012, the Defendant entered “E” restaurant operated by the victim D, which is located in Gyeonggi Pyeong-gun C, into the said restaurant. After the said victim entered the restaurant, the Defendant: (a) held a resident registration certificate, driver’s license, Samsung Card, and Non-CC card, one color tag, each of which consists of KRW 230,000,000, and KRW 1 cash and KRW 230,000.

2. The Defendant, at around 09:00 on December 15, 2012, entered the victim G’s house located in 09:00, 2012, called “the victim’s house located in Haju City F,” and entered the said house into the said victim’s house, and then, the said victim was suffering from the wall of the said house during the locking place between the said victim’s house and the Haaking place, carried out KRW 600,000,000,000, which is the cash owned by the said victim.

As such, the Defendant habitually stolen another person’s property twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. G statements;

1. A photograph of the damaged site;

1. Shot photographs;

1. On-site photographs;

1. Previous records of judgment: Criminal records and other inquiries, and criminal records A of the suspect A's previous records and written judgments;

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