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(영문) 인천지방법원 2013.07.18 2013고합323
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On January 7, 2010, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Incheon 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. On November 26, 201, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. In addition, the Defendant’s imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the North Korean District Court of Incheon, in addition to the termination of the execution of the sentence by the first prison of the North North

【Criminal Facts】

On April 23, 2013, at around 04:00, the Defendant intruded through the “E’s operation” of the victim D’s “E” in Jung-gu Incheon Metropolitan City, Jung-gu, and stolen KRW 730,000, which was owned by the victim, who was in the cash storage of the Kabter, from around 04:0.

From April 2013 to May 5, 2013, the Defendant stolen the property worth KRW 947,000 in total by the same method four times habitually, such as the list of crimes in the attached Table, from around April 2013 to around May 5, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each statement of F, G and H;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (reports on the previous records of the same type and the attachment of the judgment), accompanying documents, and search results of prisoners;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, and the frequency of crimes;

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 330 of the Criminal Act, inclusive, with respect to the relevant criminal facts;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following sentencing grounds) is that the Defendant committed the instant crime at another time despite the existence of a large number of identical criminal records, and all of the instant crimes committed larceny by intrusion upon residence at night, etc., and the method and quality of the theft are not good.

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