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(영문) 수원지방법원 성남지원 2016.05.09 2016재고합14
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On March 9, 2007, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in support of Sungnam branch of Suwon branch of Suwon branch of Korea on January 7, 2010, and was sentenced to three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in support of Sungnam branch of Suwon branch of Korea on October 7, 2010, and completed the execution of the sentence on August 17, 2013.

On March 10, 2014, between 20:0 and 21:00 on March 10, 2014, the Defendant opened a door that was not set up and intruded into the victim D’s rooftop located in Sungnam-si, Sungnam-si, and used a PAV 32-person television and 2,000 won in cash at the market price of the victim’s possession.

In addition, from around that time to March 10, 2014, the Defendant stolen another’s property worth KRW 4,086,600 in total nine times, as shown in the list of crimes in the attached Table, habitually, from around that time to around 10:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D, E, F, G, H, I, and J;

1. Each protocol of seizure and the list of seizure;

1. Details of bankbooks of the recipient, the number of pages purchased at K medium and high-ranking stores, and the taking of copies of L purchase shops;

1. A report on the occurrence of a crime, an investigation report (14K's ownership of gold products), an investigation report (14K's market price of damaged goods);

1. Photographss of the CCTV-fash and the fash-out photo;

1. Previous conviction: A reply to inquiry, such as criminal history, and result of the confinement of prisoners;

1. Habituality: Application of Acts and subordinate statutes recognizing dampness in light of the records of crimes, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind;

1. Relevant legal provisions of the Criminal Act and Articles 332, 329, and 330 of the Criminal Act regarding criminal facts [The punishment shall be imposed as punishment for habitual night residence intrusion larceny (see, e.g., Supreme Court Decisions 75Do1184, May 27, 1975; 2002Do7335, Feb. 28, 2003; 2002Do735, Feb. 28, 2003]

1. The reason for sentencing is as follows: (a) Article 35 of the Criminal Act for aggravated repeated crimes (i.e., violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the enforcement of which was completed on August 17, 2013).

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