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(영문) 광주지방법원 목포지원 2014.10.02 2014고합127

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Criminal Power] On October 31, 2008, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. of Specific Crimes on the part of the Gwangju District Court on October 31, 2008, and the same court on November 10, 2010, for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. of Specific Crimes on the part of the same court on December 6, 2012, and completed the execution of the final sentence on May 15, 2014.

【Criminal Facts】

1. The Defendant discovered that, around 02:00 on July 26, 2014, the victim C’s door of the victim C, parked on the street D, was unlocked, and opened a door of the vehicle and entered into the entrance, and then stolen the victim’s credit card and cash 2:40,000 won with one unclaimed wall in the market price.

2. On August 7, 2014, around 00:43, the Defendant committed a crime against the Victim F, committed an attempted crime against the victim F, even though the Victim F, who was parked in the H Do and the street in front of Mapopopo City G, had the victim F’s I Spoland, stolen goods from the vehicle in front of Mapo-si, carried with the victim’s string of the vehicle, and did not commit an attempted crime, but was discovered to the victim in the Mapo vehicle.

Accordingly, the defendant habitually stolen or attempted to steals the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement of statement;

1. A written statement of the victim C;

1. On-site reports on results of field identification;

1. A criminal investigation report (related to an appraisal and answer);

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, and current status of personal confinement;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

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

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

1. Discretionary mitigation;