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(영문) 전주지방법원 남원지원 2018.03.29 2018고합1

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

[2] On January 30, 2004, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court on January 30, 2004; on October 31, 2005, the Incheon District Court was sentenced to one year and six months; on March 20, 2009, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Incheon District Court Branch Branch Branch of the Incheon District Court on March 20, 2009; on August 31, 2012, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul High Court on February 23, 2015; on December 15, 2016, the execution of the sentence was terminated by imprisonment with prison labor from the Incheon District Court on July 10, 2017.

[Criminal facts] On November 28, 2017, at around 13:42, the Defendant: (a) opened a credit cooperative located in the knife knife knife knife knife knife knife knife knife knife knife knife knife kn

In other words, they stolen them.

Accordingly, the Defendant habitually committed the crimes of Article 329 of the Criminal Act again within three years after the execution of the sentence was completed or exempted, which was sentenced twice or more to the crimes of Article 329 of the Criminal Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Screenings of CCTV images and CCTV image data after the closure thereof;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, results of search by prisoners, copies of judgment, and current status of personal confinement;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime in the judgment, the number of crimes in the past and the number of crimes in the instant crime are similar;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following grounds for sentencing) are as follows.