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(영문) 춘천지방법원 2015.02.03 2014고단969

특정범죄가중처벌등에관한법률위반(절도)

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On August 28, 2009, the Defendant was sentenced to four years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., in the Chuncheon District Court on August 26, 2012, and was released on October 26, 2012 and the parole period expired on February 4, 2013.

Criminal facts

On September 15, 2014, between 02:00 and 06:05, the Defendant: (a) opened a house window of the victim’s home and intruded into the house of the victim of Chuncheon-si C with the victim D; and (b) cut off cash of KRW 730,00,00,000, which was located in the bank located on the floor of the living room; and (c) cut off one lot of gift certificate (5,000, respectively.

In addition to this, the Defendant habitually stolen 1,142,00 won in cash and 10,000 won in 3 occasions, such as the attached list 2, 3, and 4, and 10,000 won in agricultural product vouchers 2,5,00 won in 10,000.

Summary of Evidence

1. Statement made to D by the police;

1. Each victim of E and F;

1. A sufficient appraisal report prepared by an appraiser G and H;

1. Each appraisal report prepared by the I appraiser;

1. A report on the results of field inspections;

1. Seizure records;

1. Previous convictions: Criminal records, investigation reports (reports attached to judgments, etc.), written judgments attached thereto, and current status of personal identification and 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 fact that the same kind of crimes are repeated several times in a planned manner;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 330 of the Criminal Act concerning the crime;

1. The reason for sentencing under the proviso of Article 35 and Article 42 of the Criminal Act among repeated criminal offenders [the scope of recommending punishment]; the applicable sentence that has no basic area (2 to 4 years) (2 to 2 years) of category 1 of habitual and repeated larceny (2 to 4 years); and the scope of comparison of recommended sentence: Three to four years [decision of sentence] if a criminal power exists for the same kind of crime, and if there is no light that the instant crime was committed during the period of repeated crime, and that there was no light that there was a mistake.