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(영문) 춘천지방법원 속초지원 2014.11.28 2014고단397

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 power] On December 23, 1982, the defendant was sentenced to a disposition to transfer juvenile protection cases due to night vessel intrusion theft in the Chuncheon District Court's territorial branch on February 10, 1984, sentenced to imprisonment with prison labor for larceny in the same court on May 22, 1985, sentenced to imprisonment with prison labor for special larceny in the same court on July 24, 1996, sentenced to ten months by imprisonment with prison labor for larceny in the same court on March 26, 2004, sentenced to one year by the same court on April 12, 201, and one year by imprisonment with prison labor for structure intrusion, larceny in the junior branch of the Chuncheon District Court's territorial branch on April 12, 201, and on June 19, 2012, the court sentenced the imprisonment with prison labor for larceny in the same court on February 16, 2017 (the execution of the sentence by the same court on February 14, 2013).

【Criminal Facts】

On October 4, 2014, around 20:20, the Defendant opened “E” operated by the victim D, which was located in Sinsi-si, Sinsi-si, and opened the door door with the dracker and the dracker, which was in the vicinity of the location, and went into the door and 4 mar in total equivalent to the market value of the victim owned by the dracker and the dracker.

Accordingly, the defendant habitually destroyed part of the door at night and intruded on the structure, thereby cutting down the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each investigation report (including accompanying documents);

1. Previous records before and after judgments: Criminal records, replys to criminal records, each investigation report (including attachment of the same type of case, each attachment of the judgment, each attachment of the judgment), and current status of personal identification and confinement (A);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of number of crimes, frequency of crimes, and the fact that the same kind of crime has been systematically repeated;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 (1) of the Criminal Act concerning the crime;

1. Articles 35 and 42 of the Criminal Act among repeated offenders.