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(영문) 청주지방법원 2018.06.08 2018고합60
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is a person who, at the Daejeon District Court on November 22, 2002, has been sentenced to imprisonment for one year for a violation of the Act on the Aggravated Punishment of Specific Crimes and two years for a robbery at the same court on June 4, 2004, and on March 23, 2006, the same court at the same court on March 12, 2008 for the same crime, etc., three years for imprisonment with prison labor for the same crime at the same court on June 12, 2008; four years for the same crime at the same court on December 2, 201; on September 30, 201, one year and six months for imprisonment with prison labor at the Chungcheong District Court on September 30, 201; and on January 18, 2018, has completed the enforcement of the sentence.

Criminal facts

On February 3, 2018, at around 15:40 on February 15:40, 2018, the Defendant came into the house of the victim D (W, 52 years old) located in Jincheon-gun C, and went into the house of the victim by means of an open gate, and invaded the victim's residence, and then, the Defendant kept ten panty 10 and 150,000 won in cash and 150,000 won in the market price, which is the victim's ownership in the face of balone, and one card.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Seizure records;

1. On-site photographs and caps of CCTV images;

1. Previous convictions: A reply to inquiry, such as criminal history, report on investigation (Attachment to decisions on suspects), and each judgment attached thereto, 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 number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes [Inasmuch as there are criminal records of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the judgment that the execution of punishment was completed on January 18, 2018]

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances) of the Act on the Mitigation of Small Quantity

1. Legal provisions;

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