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(영문) 대구지방법원 경주지원 2013.04.17 2013고단167

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Nos. 1 to 3 of seized evidence 4 to the victim C, seized evidence.

Reasons

Punishment of the crime

The Defendant was sentenced to imprisonment with prison labor for larceny at the Seoul Central District Court on September 12, 1980; on December 18, 1996, the Seoul Western District Court sentenced one year to imprisonment with prison labor for the crime of larceny; on June 9, 199, the Seoul Western District Court sentenced ten months to imprisonment with prison labor for the crime of larceny at night; on January 11, 2002, the Seoul Central District Court sentenced ten months to imprisonment with prison labor for the crime of larceny at night; on May 13, 2004, the Defendant was sentenced to imprisonment with prison labor for the crime of larceny at night; on July 21, 2009, the Seoul Central District Court sentenced ten months to imprisonment with prison labor for the crime of larceny at night; on January 25, 2011, the Defendant was sentenced to imprisonment with prison labor for the crime of larceny at night and the execution of the punishment by the Jeju Central District Court on January 25, 201.

On March 2, 2013, around 03:05, the Defendant: (a) opened a guest room door at the F hotel E, which had not been corrected for more than 504 square meters; and (b) intruded into the entrance, and then 272,00 won from the wall of the victim C, and 280,000 won from the wall of the victim D, which was located at the cremation, and stolen with 1,000 UN.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. A written statement of C and D;

1. Records of seizure and the list of seizure;

1. Before ruling: References to criminal records and criminal investigation reports (verification of the person at the end of his/her final term of punishment and attachment of the same electric power to the judgment);

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the relevant criminal facts and the choice of imprisonment for a limited term;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., reflectability, minor damage, and fact that damaged articles have been seized);

1. It is so decided as per Disposition for the reason under Article 333(1) of the Return Criminal Procedure Act;

The Institute of Jind Co., Ltd.