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(영문) 창원지방법원 2016.05.26 2015재고합27
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

One document seized (No. 1) shall be confiscated.

Reasons

Punishment of the crime

[2] On April 6, 2007, the Defendant was sentenced to imprisonment with prison labor for a short term of one year, one year and six months, and one year and six months at the Seoul Central District Court on November 5, 2008 for the same crime at the Seoul Central District Court, and one year and six months from August 19, 201, and the execution of the sentence was completed on November 6, 2012.

[Criminal facts] The Defendant habitually commits the crime

1. On April 11, 2013, around 16:00, the victim D, located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Gyeongjin-gun, and entered the same place through an unresh gate operated by the victim D, and bring about 200,000 won in cash, which was owned by the victim and was placed in the Abubu department, using the cresh cresh in which it was not corrected;

2. On April 14, 2013, around 20:50, the victim G, operated by the victim G, who was located in the Republic of Korea (F), opened an entrance at the H Sing practice room operated by the victim G, and brought about KRW 700,000 in cash, which was located in the victim’s wall, by intrusion into the said singing practice room 2; and

3. On April 19, 2013, at around 10:17, the victim K, located in J 2, located in Kimhae-si I, and confirmed that there was no victim by opening the string door and opening the string door at the inside, and then cutting off the 2 A of tobacco amounting to KRW 5,000, the market price of the victim who was in the string line, after going through the string, after going through the string door.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G or K;

1. Written statements prepared by D;

1. Seizure records;

1. Previous convictions in judgment: A report on investigation (verification of the result of search by prisoners) and a written reply to inquiry, such as criminal history;

1. Habitualness: In light of the fact that the defendant had several criminal records of the same kind, and the defendant again committed each of the crimes of the same kind within the short time after release, it is recognized that the theft of this case has been committed repeatedly.

Application of Statutes

1. Relevant Articles 332, 329, and 330 of the Criminal Act concerning the crime (in all together, it shall be a habitual intrusion larceny).

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