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(영문) 수원지방법원 2012.11.08 2012고단4099
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Criminal facts

On August 20, 199, the Defendant was sentenced to imprisonment with prison labor for two years with prison labor for robbery, etc. at the Ulsan District Court on August 20, 199; three million won with prison labor for larceny, etc. at the same court on July 2, 2004; on August 27, 2004, one year with prison labor for larceny, etc. at the same court on August 7, 2007; on August 7, 2007, eight months with prison labor for an attempted larceny at night; on October 28, 2010, eight months with prison labor for the same court on May 1, 201; and on May 1, 201, the Defendant completed the execution of the last sentence above, and is habitually;

1. On August 14, 2012, by cutting 50,000 won in cash on a wall owned by the victim and cutting down at the victim D's house located at the victim D, which was located at his/her ward around 06:50 on August 14, 2012;

2. 2012. 8. 24. 07:15경 용인시 기흥구 E오피스텔 306호에 있는 피해자 F의 집에 들어가 그곳 거실에 놓여 있던 피해자 소유의 숄더백에서 현금 26만원, 1달러 지폐 7매, 2달러 지폐 2매, 외국 화폐(요르단, 중국 등) 4만원 상당 등이 들어있는 시가 불상의 지갑 1개를 몰래 가지고 가 절취하고,

3. Around 02:40 on August 30, 2012, the victim’s cash 1,00,000 won owned by the victim, China’s identification card, agricultural cooperative card, and new bank passbook, etc., which had invaded into the house of the victim H located on the inner floor (hereinafter “the victim’s house”) and was stolen by 1,00,000 won, 60,000 won in cash owned by the victim, China’s identity card, agricultural cooperative card, and single bank passbook.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement in F, H, and D;

1. Criminal records;

1. A criminal investigation report (verification of attempted theft and punishment among criminal records of a suspect);

1. Habituality of judgment: Application of statutes to the extent that such behavior is recognized, in light of the fact that each criminal history of the judgment was committed again within the period of repeated crime after release, again commits each of the instant crimes of the same kind;

1. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 and Article 329 of the Criminal Act concerning criminal facts;

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