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(영문) 춘천지방법원 2013.04.02 2013고단58

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Seized Nos. 1, 2, and 3 shall be returned to victims C, D, E, F, G, H, and I.

Reasons

Punishment of the crime

[Criminal Power] On September 26, 2009, 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 the Incheon District Court's Vice Branch on September 26, 2009 and three times of the same past records.

【Criminal Facts】

On September 3, 2012, around 01:0, the Defendant: (a) opened a door of the driver’s seat of the victim C, which did not have a corrective device, and stolen 60,000 won in cash in the vehicle; and (b) cut off or attempted cash amounting to KRW 1,327,50 in eight times from the above date to January 15, 2013, as indicated in the list of crimes in the attached Table.

Accordingly, the defendant habitually stolen or attempted another person's property over eight occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

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

1. An investigation report (related to the attachment of a victim's statement or facsimile);

1. Each investigation report (related to the attachment of photographs of a scene where a suspect photographs a body colored before committing a crime, the statement of the suspect, and the date and time of the crime, the confirmation of the crime against the victim at the site, and photographs of the site location);

1. Previous convictions in judgment: Criminal records and investigation reports (attached to output of facts);

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act concerning the crime;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing);

1. The reason for sentencing of Article 333(1) of the Criminal Procedure Act for the victim’s return of the victim [determination of a sentence] is that the victim habitually commits habitual and repeated larceny [decision of the recommended area] basic area [decision of the recommended area] from 2 years to 4 years [general person] is serious factors for mitigation.