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(영문) 전주지방법원 정읍지원 2014.11.25 2014고단475

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 August 19, 2010, the Defendant was sentenced to imprisonment with prison labor for six months or more as a matter of course in the Jeonju District Court’s branch court’s regular branch court’s branch court’s night building intrusion and larceny, and eight months or more as a matter of course in the same court’s aforementioned court’s special larceny on March 24, 201. On November 15, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. and completed the execution of the said sentence in the Jeonju prison on October 6, 2013.

【Criminal Facts】

At around 15:00 on July 15, 2014, the Defendant, at around 15:00, stolen 30 parts of the board total market value equivalent to 50,000 won in total and 600,000 won in the market value, which is owned by the victim D and kept there in front of the warehouse, from around that time.

9. Until December 24, 200, the victims were habitually stolen the total amount of 3,889,000 won in total, as shown in the annexed list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Each statement in preparation of D, G, H, I, J, K, and L;

1. On-site photographs;

1. Each report on investigation;

1. Previous records of judgment: Criminal records, inquiry reports and investigation reports;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned manner;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 330 of the Criminal Act concerning the crime (generality and choice of limited imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. In light of the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, the sentence of punishment is deemed inevitable in light of the following: (a) the nature of the instant crime is not good; (b) the record of having been punished several times for the same kind of crime; and (c) the person committing another crime without being aware of it during the period of repeated crime for the same kind of crime.

The sentence shall be determined as ordered by taking into account all the sentencing conditions shown in the records and arguments.