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(영문) 대전지방법원 논산지원 2014.02.28 2013고단478

특정범죄가중처벌등에관한법률위반(절도)등

Text

1. Defendant A shall be punished by imprisonment for four years, by imprisonment for three years, by imprisonment for Defendant B, by imprisonment for one year, and by imprisonment for Defendant C.

Reasons

Punishment of the crime

[criminal record] Defendant A was subject to a disposition of probation to the Juvenile Department due to the violation of the Act on the Aggravated Punishment, etc. of Specific Theft, etc. at the former District Prosecutors' Office on July 12, 2006 and was subject to a disposition of probation to the Juvenile Department due to special larceny at the Gun Office of the former District Prosecutors' Office on July 31, 2007; on September 19, 2007, Defendant A was subject to a disposition of probation to the Juvenile Department due to the violation of the Act on the Aggravated Punishment, etc. of Specific Theft, etc. at the former District Prosecutors' Office; on June 12, 2008, Defendant A was sentenced to two years of probation to eight months of imprisonment with prison labor due to special larceny, etc. at the Seoul Dong District Court on September 3, 2008, and on April 15, 2009, the former District Court sentenced two years of imprisonment with prison labor for a short term of three years due to the violation of the Act on the Aggravated Punishment, etc.

Defendant

B On July 21, 2008, the Daejeon District Public Prosecutor's Office was subject to a disposition of probation of the Juvenile Department for special larceny, etc., and on September 24, 2008, the Jeonju District Court was sentenced to a suspended sentence of ten months for special larceny, etc., and on April 15, 2009, the Jeonju District Court was sentenced to imprisonment for a short term of three years for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence on August 22, 2013.

Defendant

C On May 9, 2013, the Jeonju District Court sentenced eight months of imprisonment for fraud, etc. and completed the execution of the sentence on October 21, 2013.

Defendant

D On April 28, 2011, the Seoul High Court sentenced two years and six months to imprisonment for robbery, injury, etc., and completed the execution of the sentence on October 3, 2013.

【Criminal Facts】

Defendant B and Defendant A were co-offenders in the past at the time of crime, and the above Defendants became aware of Defendant C during the confinement in the previous prison. Defendant C and Defendant D are ex post facto provoking relationship.

Defendant

A and B Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.