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(영문) 광주지방법원 2018.06.01 2018고합184

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【The Defendant was sentenced to imprisonment with prison labor for one year and six months for a crime under the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on June 25, 2009, and was sentenced to three years for a crime under the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on May 31, 2013, but the Defendant’s request for retrial was accepted, and three years was sentenced to imprisonment with prison labor for habitual larceny at the Gwangju District Court on September 23, 2015, and completed the execution of the sentence on December 27, 2015. On March 23, 2017, the execution of the sentence was completed on March 4, 2018.

【Habitually, on April 13, 2018, the Defendant taken 150,000 won in cash owned by the victim D, who was under custody in the knifter subsequent to the knife of the knife by habitually cresh in the “cafeteria” located in Gwangju Dong-gu, Gwangju-dong, in a cafeteria.

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared by D;

1. A description of the site pictures of each case, two CDs for the site images of the case, and a comparison description of criminal law photographs;

1. Investigation report (investigation, etc. of the description and movement route of the suspect's appearance);

1. A previous conviction: A written reply to inquiry, such as criminal history, 12 copies of the judgment, one copy of the inquiry of the person under command, one copy of the inquiry of the person under command, and reporting on the results of confirmation of the previous conviction;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing theft theft in light of the records of each crime, method of crime and the same kind of crime in the judgment, which repeats the same kind of crime within a short time after the execution of the sentence is completed;

1. Articles 5-4 (6) and 329 of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime committed under the relevant provisions of the Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes [Inasmuch as there exists a criminal record of larceny, etc. in the judgment that completed the execution of punishment on March 4, 2018]

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. Scope of applicable sentences under Acts: From one year and six months to twenty-five years;

2. Application of the sentencing criteria [types].