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(영문) 대전지방법원 2012.04.27 2011고단4251

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 1, 2002, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court's Seosan Branch. On May 19, 2004, the Defendant was sentenced to one year and six months of imprisonment for the same crime at the Daejeon District Court's Daejeon District Court on May 29, 2009, and was sentenced to six months of imprisonment for the punishment of larceny and two years of suspended execution. On August 14, 2009, the Defendant was sentenced to six months of imprisonment for the punishment of larceny and six months of imprisonment for the punishment of larceny, etc. at the Daejeon District Court's Red Branch Branch on September 15, 201, and completed the execution of the sentence at the Daejeon District Court on February 4, 2011.

The Defendant: (a) around 17:00 on October 5, 201, when he was unable to discern things or make decisions due to shock disorder, and (b) around 17:0 on October 17, 201, the Defendant opened the entrance door and intruded into the house by finding the key of the entrance entrance doors hidden by the victim D to work at the company by the victim D.

The Defendant cited and stolen goods equivalent to KRW 232,950,00 in total, including 1,50,000,000 won, 1,000 won of the market price, 30,000 won of the market price, 1,000 won of the market price, and 2,950 won of the 10,000 won of the 150,000 won of the eropos, which were located on the epospulum of the victim’s house.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. The first protocol of trial:

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A report on the sentencing investigation of this court;

1. Each photograph;

1. Previous records of judgment: Criminal history records, investigation reports (related to the attachment of a copy of the sending of a case, a report on confirmation of the previous records of disposition, and a report on previous records and confirmation);

1. Habituality of judgment: dampness is recognized in light of the records of each crime, the time of crime, the frequency of crime, the frequency of crime, and the continuous repetition of crimes of the same kind in the judgment; the application of statutes;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;