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(영문) 인천지방법원 부천지원 2012.11.21 2012고단1681
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 November 18, 1994, the Defendant was sentenced to one year and six months of the suspended sentence to six months of imprisonment for larceny in the Daegu District Court Kimcheon Branch, and one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on January 26, 1996, one year and six months of imprisonment for larceny, etc. at the Daegu District Court Kimcheon Branch on September 26, 1997, and one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on January 7, 2000, respectively. On May 15, 2008, the Defendant was sentenced to two years of suspended sentence to six months of imprisonment for larceny, etc. at the Seoul Northern District Court on May 23, 2008, but the above sentence was revoked on April 8, 2009 and the sentence was terminated by the Daegu District Court on August 10, 2009.

【Habitually, the Defendant discovered that, around October 12, 2012, the victim D, who was parked in the above location on the roads of Busan on October 12, 2012, the Defendant: (a) opened the first window; (b) opened a door by inserting the hand between the window crepans of the above windows; and (c) found the stolen objects into the above vehicle; but (d) did not perform the attempted crimes because there was no stolen objects.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecution and the police interrogation of the accused;

1. Statement made to D by the police;

1. The criminal place;

1. Habituality of the judgment: The defendant and his defense counsel committed the crime of this case only once the attempted crime of this case was committed, and only two years have passed since the execution of the immediately preceding sentence was completed, and they did not habitually steals from the vehicle on which the door was opened. However, each of the criminal records in the judgment, the defendant had already been sentenced to imprisonment with prison labor on two occasions due to habitual larceny, and the contents of the crime are in accordance with the same method as the contents of the crime of this case.

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