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(영문) 광주지방법원 2014.07.08 2014고단1942

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

On December 3, 2008, the Defendant was sentenced to one year and four months of imprisonment with prison labor for special larceny, etc. at the Changwon District Court Jinwon Branch on December 3, 2008. On August 24, 2010, the same court was sentenced to one year and six months of imprisonment with prison labor for special larceny and its judgment became final and conclusive on August 30, 201, and on January 18, 201, the Defendant was sentenced to four months of imprisonment with prison labor for larceny in the same court and completed the execution of the final punishment in the Yangyang Detention House on March 19, 2012.

On May 5, 2014, at around 00:14, the Defendant: (a) driven a D car free from name (hereinafter “C”); (b) driven a D car on May 5, 2014, the Defendant carried the D car free from name to (C)G warehouse for the victim F. (F.) of the Vietnam-F. The Defendant cut off a fence made up of the steel network; (c) the Defendant, along with his name-free boxes (hereinafter “C”), carried 500m (250mqmm 250mqm 250mm mmq 250mm mm250m) an electric wire amounting to KRW 1,3750,00 in total, the market value of the victim-owned, who was f. together with his name-free boxes (hereinafter “C”).

As a result, the Defendant stolen the victim’s property together with a person who has not been killed in his name (hereinafter “C”).

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police in relation to F and H;

1. Statement of investigation report (with respect to the quantity, volume, etc. of the damaged goods);

1. Previous convictions indicated in judgment: Application of each Act or subordinate statute of criminal history records, inquiry reports (A), investigation reports (reports attached to the same criminal records and the same criminal records), three copies of the judgment, investigation reports (reports at the expiration of the term of punishment), and the current status of personal identification and confinement;

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331 (2) of the Criminal Act, and Article 331 (2) of the same Act concerning the relevant criminal facts,

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Type 1 (general habitual larceny) of habitual larceny: Imprisonment with prison labor for one year and six months or three years from the end of one year and six months to three years, and the defendant committed the same kind of crime during the period of repeated crime. However, the above case is disadvantageous to the defendant.