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(영문) 청주지방법원 충주지원 2013.11.29 2013고단621

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

During the delivery of construction materials, the Defendant had tried to report panty for women suffering from the ordinary home panty lines, etc., and to steals sexual interest.

1. At around 15:00 on the last day of July 2013, the Defendant intruded into the plastic houses installed in front of the victim D’s house in Chungcheongnam-si, and cited three panty panty typ, the market price of which is equivalent to 20,000 won, owned by the victim, and stolen it.

2. At around 14:00 on August 1, 2013, the Defendant intruded into the plastic houses installed in front of the victim F’s house located in Chungcheongnam-si, Chungcheongnam-si, and cited a 10,000 won of the market price owned by the victim and stolen it.

Accordingly, the defendant habitually stolen the property owned by the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each statement of D and F;

1. A photographic description;

1. A criminal investigation report (referring to reports attached to the previous convictions and written judgments);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the criminal records, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind;

1. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act, comprehensively including the corresponding Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation is that the Defendant again committed the instant crime even though he/she was under probation due to the same crime with the same content, and thus, he/she needs to be punished accordingly.

However, considering the fact that the defendant agreed with the victims, the fact that the defendant reflects the crime, the circumstances favorable to the defendant shall be considered, and the sentencing conditions specified in the records, such as the defendant's age, character, conduct, occupation and family environment, shall be sentenced to the same punishment as the disposition, in