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(영문) 수원지방법원 성남지원 2013.12.05 2013고단2019

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 October 7, 1979, the Defendant was sentenced to imprisonment with prison labor for a short term of eight months and one year for habitual larceny at the Seoul District Court. On March 23, 1983, the Defendant was sentenced to imprisonment with prison labor for a crime of attempted larceny at the Cheongju District Court on April 13, 2004, and sentenced to a fine of three million won for a crime of attempted larceny at the Daegu District Court on April 29, 2008, and was sentenced to eight months for a crime of larceny at the Daegu District Court on April 29, 2008, and completed the execution of the sentence at the Daejeon District Court on March 17, 201.

【Criminal Facts】

At around 09:00 on September 2, 201, the Defendant: (a) moved to the Da Co., Ltd. located in Seongbuk-si, Sung-si, Sung-si; (b) discovered that the victim E had a studio key on the back of the ship; and (c) brought the studio key on the back of the ship; (d) opened a studio using the studio; (b) opened one 1,00,000 won cashier’s checks; (c) one 1,705,000 won cashier’s checks in cash; (d) 3,705,000 won and 3,705,000 won and one stude owned by the said victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Habitualness of judgment: Recognition of dampness in light of the records of each crime, method of crime, etc. as shown in the judgment;

1. Cumulative offense: Application of the provisions of Acts and subordinate statutes to inquiry reports and investigation reports;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and the choice of limited imprisonment for a crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;