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(영문) 인천지방법원 부천지원 2013.05.09 2013고단736
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On November 25, 2008, the Defendant was issued a disposition to transfer juvenile protection cases due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Ulsan District Prosecutors' Office. On October 10, 201, the Defendant was ordered to send the juvenile protection cases to the Juvenile Department due to the crime of robbery, injury by robbery, etc. at the Port Branch of the Daegu District Prosecutors' Office. On November 8, 2011, the Defendant was subject to a disposition to transfer the juvenile protection cases due to special larceny at the Daegu District Prosecutors' Branch Office. On October 11, 2012, the Gwangju District Court sentenced on three years of suspension of the execution of one and half years of imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court, on January 3, 2013, the Defendant entered the warehouse with the victim's seal 12:25, the victim's seal 2000 won and the entrance 1.6.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Seizure records and each photograph;

1. Previous convictions: Criminal records and investigation reports;

1. Habitualness of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of crime, etc. as shown in the judgment;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the defendant repents his mistake in depth and that the defendant has agreed with the victim smoothly);

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