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(영문) 전주지방법원 군산지원 2013.07.11 2013고단547
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 December 7, 2000, the defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Central District Court on two occasions.

The Defendant, while coming to his life, tried to steals construction materials at night at the work site of drones, etc., together with the misunderstandinger C (a year and June of imprisonment), D (a year of imprisonment with prison labor), E (a period of two years of imprisonment), and E (a period of three years of imprisonment).

On November 2, 2010, the Defendant, together with C, D, and E, came to the construction site of the Nowon-gu Seoul Special Metropolitan City F, Seocheon-gu, 2010, D, in the vicinity of the site, and D, in waiting for a number off or a combination of seats, and reported the network to C, E, upon intrusion into a warehouse of materials underground with C, E, and upon entering the entrance, the Defendant and E had at the entrance of C, 350,00, a total of 30,000,000 won of the market price of the victim G, and 3,00,00,000, a pipe 20, and an electric dry.

The Defendant, along with C, D, and E from November 201 to January 6, 201, committed the crimes listed in the annexed list Nos. 1 through 5, C, and C, together with C, D, and 7, committed the crimes listed in the annexed list Nos. 6 and 7, and possessed construction materials worth totaling 149,350,000 won.

Accordingly, the defendant habitually committed theft of the victims' property by habitually combining them.

Summary of Evidence

1. Defendant's legal statement;

1. Each interrogation protocol of the prosecution against C, D, and H;

1. Each police statement of the I, J, K, and L;

1. Each statement of G, M and N;

1. Investigation report (related to crimes D and C's judgment);

1. Records of seizure and the list of seizure;

1. Investigation report (related to attachment of field photographs);

1. A report on occurrence, photographs, and intensity;

1. Reporting on the occurrence of theft;

1. Investigative reports (Attachment of court rulings);

1. Previous convictions indicated in judgment: Criminal records;

1. Habituality: The records of each crime in the holding, the fact that the crime was committed systematically and systematically, the crime under the same water law has been repeated seven times during the period of remaining three months, and the theft crime is committed even at the time of arrest of the defendant.

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