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(영문) 광주지방법원 2015.12.23 2015고단2732
특정범죄가중처벌등에관한법률위반(절도)
Text

The sentence against the accused shall be determined by one year and six months of imprisonment.

Reasons

Punishment of the crime

On October 7, 2009, the Defendant was sentenced to nine months of imprisonment by the Gwangju District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and was sentenced to ten months by the Gwangju District Court on August 12, 2011. On December 30, 2013, the Defendant was sentenced to one year and six months by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., and was sentenced on April 9, 2015 by the Gwangju District Court for a violation of the Act on the Aggravated Punishment, etc., of Specific Crimes.

1. On April 30, 2015, the Defendant stolen the clothing equivalent to KRW 484,90,00 in total, by taking advantage of the gaps of surveillance over the victim F in the Doll 101-1 E store located in Seo-gu, Seo-gu, Gwangju, Seo-gu, Gwangju, and by taking advantage of the gaps of surveillance over the victim F. 197,50 won.

2. On June 2, 2015, the Defendant, at H department stores in Seo-gu, Seo-gu, Seo-gu, Gwangju, took advantage of the gaps in which surveillance by the victim J was neglected, resulting in theft of one (No. 1) from the market price of 258,000 won owned by the victim and one (No. 1).

Summary of Evidence

1. Defendant's legal statement;

1. A statement in the F and a statement prepared by the J;

1. Previous convictions: Application of Acts and subordinate statutes stated in criminal records and investigation reports (report on confirmation of criminal records of a suspect repeated crime);

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for the aggravation of repeated crimes (for each crime in the market);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the Criminal Act [the aggravated punishment stipulated for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was rendered on April 30, 2015 with heavier punishment];

1. The defendant's assertion and judgment on discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act are the defendant at the time of each of the crimes in this case.

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