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(영문) 전주지방법원 2017.07.10 2017고단897
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2] On March 25, 2010, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. on the following grounds: (a) two years of suspension of the execution of imprisonment with prison labor for six months; (b) one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in a Gunsan Branch of the Jeonju District Court on December 29, 2010; and (c) two months of imprisonment with prison labor for larceny, etc. in the same court on November 27, 2013; and (d) on August 13, 2014, the same court sentenced three years to imprisonment with prison labor for night structure intrusion larceny and completed the execution of the sentence in the previous main prison on April 6, 2017.

[2] On April 7, 2017, at around 16:52, the Defendant: (a) stolen, or attempted, money and valuables on seven occasions during the period from around that time to May 10, 2017, all of which were included in the following: (b) one E-to-land owned by the victim D, and one cash below the victim D; (c) one head of the post office and one painting; and (d) one seal; and (e) subsequently, the Defendant stolen, or attempted, money and valuables on seven occasions, as indicated in the list of crimes, from around that time to May 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Each statement of F, D, G, H, I, and J;

1. A criminal investigation report (Attachment to on-site photographs), on-site and CCTV data, investigation reports (Attachment to CCTV screen data, etc. on the K Hospital Store), on-site and CCTV photographs;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, report on investigation (the same type and the previous conviction of repeated crimes), list of related cases, and application of text 7 of the judgment;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under each of the pertinent provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331 (2) and Article 331 (1) of the Criminal Act (the point of special larceny), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act (the point of larceny at night), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act (the point of intention), Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 342 of the Criminal Act, and Article 342 of the Criminal Act.

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