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(영문) 제주지방법원 2013.05.15 2013고단458

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

[criminal power] On February 10, 1998, at the Jeju District Court, the defendant sentenced two years to a suspended sentence of imprisonment for larceny, etc.; on February 23, 1999, the defendant was sentenced to imprisonment for a night-time larceny; on December 4, 2003, at the same court, ten months of imprisonment for larceny, etc.; on March 18, 2005, at the same court on December 26, 2007, one year of imprisonment for a night-time larceny, etc.; on December 26, 2007, at the same court on September 3, 2009, one year of imprisonment for a night-time larceny, etc.; and on August 1, 2011, the defendant completed the sentence from the Jeju Prison on December 25, 2012.

【Criminal Facts】

At around 13:00 on March 5, 2013, the Defendant intruded into the house through the entrance door, which was first opened before the Victim D in Jeju City, and was not corrected, through the entrance door. At this point, the Defendant stolen the Defendant’s total amount of KRW 130,00 won and KRW 1450,000,000,000,000,000 won per 1,50,000 won per market price.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (verification and investigation at the scene of damage, and confirmation of purchase or recording of suspect's name);

1. Purchase account books;

1. Previous records: Criminal references and investigation reports (verification of the date of release and attachment of judgment);

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 Article 329 of the Criminal Act concerning the crime;

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include a large number of criminal records against the accused.