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(영문) 청주지방법원 2017.11.03 2017고합246
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On June 23, 2005, the Defendant was sentenced to one year and six months of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court, on June 29, 2007, sentenced to imprisonment with prison labor for the same crime in the Jeonju District Court's mountain branch on June 29, 2007, and three years and six months of imprisonment for the same crime in the Daejeon District Court's official order branch on April 13, 201, and on October 21, 2014, the Defendant was sentenced to three years of imprisonment for the same crime in the Daejeon District Court's branch on October 21, 201, and completed the execution of the sentence in the public prison on July 24, 2017.

The Defendant, around 10:10 on September 6, 2017, opened a gate that was not corrected before the house of the victim D in the Gun, and entered the house by the prosecutor who entered the house, stated that the crime was committed during the daytime, and corrected all as “influence.”

Next, the current market price of 240,000 won in the warehouse was 20,000 won and stolen, and all, as stated in the list of crimes in the attached Table from that time to September 11, 2017, the victims’ property was stolen or attempted to steals on six occasions.

Accordingly, the defendant habitually stolen or attempted to steals the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against D, E, F, G, H, I, J, and K;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Photographss, CCTV photographs, investigation reports (specific reports on the amount of damage), theft video CDs;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of crime record), five copies of the judgment, report on investigation (verification of the expiration of the last term of punishment for the suspect), and current status of personal confinement;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act with respect to the crime (including cases) under the relevant Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes.

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