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(영문) 광주지방법원 2017.06.14 2016재고단27 (1)
특정범죄가중처벌등에관한법률위반(절도)등
Text

The punishment of the accused shall be determined by two years of imprisonment.

However, the above sentence shall be executed for a period of four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 20, 2013, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Gwangju District Court on March 28, 2013 and the judgment became final and conclusive on March 28, 2013.

On February 26, 2012, at around 11:00, the Defendant came to “E” office for the operation of the Victim D in Gwangju Northern-gu, Gwangju, by opening and opening a door by using the dracker on the date the Defendant possessed in advance, and then cutting off the goods worth KRW 1.270,000,000, total market value of the HP computer owned by the victim.

In addition, from around that time to May 6, 2012, the Defendant habitually stolen or attempted property worth KRW 7,724,000, which is the total market price of each victim, 14 times, such as the list of crimes in the annexed crime list.

Summary of Evidence

1. Each protocol of public trial;

1. Each protocol of examination of the witness in relation to N,O (1, twice), AH (1, twice), P, Q, and R;

1. Each statement of D, S, T, U, V, W, X, Y, Z, AA, AB, and AC;

1. On-site photographs, description of the case-related photograph, photographs of the damaged scene, and photographs related to crimes;

1. Previous convictions in judgment: Inquiry about criminal history and the defendant's legal statement;

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 fact that the same kind of crime has been committed systematically and systematically;

1. Relevant legal provisions of the Criminal Act and Articles 332, 329, 331(1), and 342 of the Criminal Act concerning the selection of criminal facts (a comprehensive larceny) and the selection of imprisonment with prison labor;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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