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(영문) 청주지방법원 영동지원 2013.05.22 2013고합7
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On August 18, 2005, the Defendant sentenced two years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) at the Daegu District Court on December 13, 2007, the Daegu High Court sentenced two years and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and on April 21, 2010 to three years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (thief) in the field of Young-gu District Court resident support, respectively, on February 23,

At around 11:00 on April 8, 2013, the Defendant habitually intruded the victim D, who was in the territory of the Chungcheongbuk-gun C, and found a stolen object through open gate, and did not commit an attempted crime, but did not know the Defendant’s identity to the victim following his / her discovery.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A criminal investigation report (CCTV image verification and investigation), and a criminal investigation report (in addition to field photographs);

1. Previous records: Criminal records, etc. inquiry reports, investigation reports (former records and attachment of judgments), investigation reports (Attachment to confinement - confirmation of the date of release);

1. Habituality of judgment: Application of Acts and subordinate statutes to which dampness is recognized, in light of the records of each crime, the method and frequency of crimes, the number of crimes committed again after release, and the same kind of crimes after release;

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

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

1. Reasons for sentencing [the scope of punishment under law] [the scope of punishment under a favorable condition among the reasons for sentencing] under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the decision of a sentence] three to twenty-five years [the decision of a sentence] of imprisonment [the case falling under Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and the case falling under Article 5-4(6), the upper and lower limits of the scope of punishment are aggravated by 1.5 times] [the range of recommending punishment] three to six years [the decision of a sentence] among the larceny crimes, the defendants are several times.

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