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(영문) 청주지방법원 2012.12.03 2012고합305
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On January 19, 195, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court, and was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court on August 12, 199, and was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court on July 2, 2003. On May 20, 2005, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on May 7, 2009, and completed the execution of the sentence at the Gwangju District Court on March 29, 2012.

【Criminal Facts】

At around 14:27 September 24, 2012, the Defendant used the rest in the victim's d'F cafeteria operated by Cheongju-si and the victim's "F cafeteria's "F cafeteria," with cash of KRW 30,000,000, which is in possession of the female, such as KRW 30,00,00, No. 30,000, No. 1, 1, 1, 2,000, and 2,000,000,000 won.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Seizure records;

1. Photographs of the damaged article;

1. Previous convictions in judgment: Criminal records and investigation reports (Attachment of judgment);

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

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Application of the sentencing criteria (determination of type) theft,

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