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(영문) 대전지방법원 천안지원 2014.09.19 2014고단549

특정범죄가중처벌등에관한법률위반(절도)

Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On June 18, 2008, the Defendant was sentenced to a summary order of KRW 1 million from the Daejeon District Court of the Daejeon District Prosecutors' Office to be sentenced to special larceny, etc. on February 4, 2010, theft, etc. on December 30, 201, theft, etc., and each juvenile protection case on April 5, 201. On December 26, 2011, the Defendant was sentenced to a suspension of indictment due to night-time, intrusion, larceny, etc. at the Suwon District Court of the Daejeon District Prosecutors' Office, and was sentenced to a fine of KRW 3 million from the Daejeon District Court of the Daejeon District Court of the Daejeon District Court of the Daejeon District Court of the Daejeon District of the Daejeon District of the Daejeon District of the Daejeon District of the Daejeon District of the Daejeon District of the Daejeon District of the Punishment of January 20, 2014 to be sentenced to a fine of KRW 1 million as larceny.

On February 25, 2014, around 23:40 on the 25th day of Ansan-si, the Defendant entered a singing practice room run by the victim D of the first floor above the 1st day of Ansan-si, the Defendant: (a) followed the victim’s hand room in the line below the knife in which the knife knife knife knife knife knife knife knife knife knife knife knife knife

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. An inquiry report, such as a criminal history;

1. Habitualness: Application of Acts and subordinate statutes recognizing dampness in light of the defendant's criminal history and details, method of frequency of crime, interval of time between crimes, etc.;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order [Determination of a sentence] : Type 1 of habitual and repeated larceny [Determination of the recommended area] : Imprisonment with prison labor for 2 years to 4 years [general prison labor]: Damage minor, serious reflective factors [whether suspended sentence is suspended or not]: Damage minor, identical criminal records, and general positive factors that are not recovered from damage: There are no criminal records of the suspension of execution or heavier punishment.