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(영문) 광주지방법원 2013.12.26 2013고단5530

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 record] On January 31, 200, the defendant was subject to juvenile protective disposition at the Mapo-si Office of the Gwangju District Public Prosecutor's Office as a crime of larceny at night, and on April 1, 2001, the defendant was sentenced to imprisonment with prison labor for a maximum of ten months for special larceny, and a short term of eight months from the Gwangju District Court's Mapo-si branch office, and was subject to juvenile protective disposition at the Gwangju District Court on May 25, 2001 as the same crime.

【Criminal Facts】

Around 02:00 on September 11, 2013, the Defendant habitually intruded into the “D sexual party” located in Nam-gu, Nam-gu, Gwangju, by means of open windows, and possessed KRW 2.70,000,000 in cash owned by the victim E, which was located therein, and attempted to steals property or steals property worth approximately KRW 2,545,60,000 in total over 17 times, such as the statement in the list of crimes in the attached list of crimes. As such, the Defendant attempted to steals property or stolen property, the Defendant did not have any stolen property and attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement in E, F, G, H, I, J, K, L, M, N, P, Q, R, and T Preparation;

1. Each photographic data and CCTV image data;

1. Previous conviction and habituality of the judgment: The application of Acts and subordinate statutes is recognized in view of the fact that not only the defendant has received juvenile protective disposition several times due to the theft crimes, but also the fact that he/she has repeated crimes committed 17 times within a short period of time without two months, such as a statement of inquiry, such as criminal records, an investigation report (the attachment of a suspect's same criminal decision, etc., and the confirmation of the same number of Acts and subordinate statutes);

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 30, 331 (1), 342, and 330 of the Criminal Act (generally, choice of imprisonment for a limited term) concerning the crime;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation was that the Defendant committed the theft of this case 17 times for a short period not exceeding 2 months even though he was subjected to a disposition of juvenile protection on two occasions as a crime of larceny, which is the same kind of crime in the past, and even until now, the victims and victims.