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(영문) 청주지방법원 제천지원 2013.09.26 2013고단610

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 January 22, 199, the Defendant was sentenced to imprisonment for a short term of 10 months with prison labor for special larceny, 10 years with prison labor for a long term of 10 months, 17 March 200 to imprisonment with prison labor for special larceny, etc. at the Daejeon High Court on March 17, 200, 8 months to be sentenced to imprisonment for night intrusion larceny in the Cheongju District Court’s Incheon District Court on May 28, 2002 and 1 year and 6 months to be sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the same court on September 9, 201, and completed the execution of the sentence in the Daejeon Prison on November 23, 201.

【Criminal Facts】

On February 18, 2013, the Defendant: (a) around 09:00 on February 18, 2013, the Defendant opened a door with the key of the pertinent car owned by the victim E and stolen KRW 110,000,000 in cash owned by the victim while receiving the seat of the driver.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Previous convictions indicated in a judgment: Inquiry report (A), investigation report (report accompanied by a written judgment, etc.), personal identification and confinement status, court rulings of the same kind of power, and application of Acts and subordinate statutes of a summary order;

1. Article 5-4 (5) and (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 scope of sentence recommended on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: Imprisonment with prison labor for not less than two years nor more than four years but not more than four years; general habitual and repeated larceny; basic area; imprisonment with prison labor for not more than two years but more than four years; and the sentence for not less than two years or more than four years is imposed on the defendant; the defendant has been punished as habitual larceny; the defendant has been punished as habitual larceny; the defendant again committed the larceny of this case during the period of the repeated crime after being released from prison, and the damage has not been recovered.

However, the defendant reflects his wrongness in depth.