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(영문) 청주지방법원 2016.09.30 2016고합139
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 22, 2002, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court on March 23, 2006, imprisonment with prison labor for the same crime in the same court on March 23, 2006, three years for the same crime in the same court on June 12, 2008, four years for imprisonment with prison labor for the same crime in the same court on December 2, 2011, and six months for the same court on July 27, 2012, and completed the execution of the final sentence in the Daejeon District Court on February 29, 2016.

On June 23, 2016, the Defendant entered a women's toilet of Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, in order to take off 123,00 won of the market price at which the victim C had cash 123,00 won, which is the victim's own, from a test Handbag, set up in the upper side of Jincheon-gun, Jincheon-gun, Jincheon-gun, Jincheon-gun, Seoul.

They have come to her.

As a result, the defendant was sentenced twice or more to larceny, and habitually stolen the property owned by the victim within three years after the execution of the punishment was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. Relevant photographs;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (A), reports on criminal records (reports on criminal suspects' repeated crimes and criminal records of the same kind), written judgments, investigation reports (verification of the date of release of the suspect);

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 an aggravated repeated crime (i.e., a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the execution of which was completed on February 29, 2016, and a criminal record of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Retaliatory Crimes,

1. Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (the following circumstances considered among the reasons for sentencing) and the accused.

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