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(영문) 광주지방법원 2019.03.22 2018고합498
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

【Criminal Power】 On April 6, 2007, the Defendant was sentenced to imprisonment for a maximum of one year and six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and for a short term of one year and six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Daejeon District Court on November 5, 2008; on August 19, 201, the Defendant was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; on June 27, 2013, at the Changwon District Court sentenced three years with prison labor for the same crime; on April 18, 2016, the execution of the sentence was terminated (after the review of the said judgment thereafter, three years have elapsed since imprisonment with prison labor for habitual intrusion larceny; on May 26, 2016, which became final and conclusive on June 3, 2016; on May 27, 2015>

(1) On September 19, 2018, at around 01:25, the Defendant: (a) intruded into the “D” restaurant operated by the victim C; (b) opened the said restaurant; and (c) stolen the cash of KRW 4,810,000 from September 15, 2018 to October 22:25, 2018; and (d) stolen the cash of KRW 4,810,000 and foreign currency over 12 occasions in total, as shown in the separate sheet of crime, from around September 2018 to around 22:05.

As a result, the defendant was habitually sentenced to two or more times in night buildings, intrusions, theft, etc., and again committed night buildings, intrusions, larceny, etc. within three years after the execution of the sentence is completed.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each E, F, G, H, C, I, J, K, L, M, N, andO’s written statements, and D victim C’s written statements;

1. The police seizure record and the list of seizure;

1. Results of investigation reports (victim E telephone conversations), on-site identification reports, and DNA personal information of detained suspects;

1. Each on-site photograph, seized photograph, theft-related photograph, CCTV image CD, related photograph.

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