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(영문) 의정부지방법원 2013.08.22 2013고단2042
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 record] The Defendant was sentenced to a suspended sentence of 8 months of imprisonment with prison labor for larceny at the Jung-gu District Court on July 22, 2009 and the above judgment became final and conclusive on August 28, 2010. On March 29, 2011, the Defendant was sentenced to two months of imprisonment with prison labor for an attempted larceny at the Jung-gu District Court on April 6, 201, and the said judgment became final and conclusive on April 6, 2011, and the said judgment was revoked and the execution of the said sentence was terminated on November 17, 201, and the same larceny record was 12 times.

【Criminal Facts】

Defendant, habitually,

1. Around 19:00 on June 24, 2013, at the “E” clothes store operated by the victim D, the victim’s attention was displayed on the clothes outside the store in which the victim’s attention was neglected, and the victim’s own market price was 336,000 won in total, such as the victim’s 1 punishment and the 158,000 won in the market price, and the 158,000 won in women’s 1 punishment, etc., were stolen;

2. On June 24, 2013, around 19:10 on June 24, 2013, the same day, at the “I” clothes store operated by the victim H, which was located in the Raco in the G market located in the Government-si, the victim H, who was negligent in neglecting the care of the victim H, was stolen with 4 punishment equivalent to 30,000 won in the market price of the victim H holding 15,000 won in the market price, and 15,000 won in the market price, including 7,000 won in the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of H and D;

1. Photographs of damaged articles;

1. Previous convictions: Criminal records and investigation reports (attached to judgments, cancellation of the suspension of execution, and confirmation of the period of repeated crimes);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency 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 and Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning criminal facts and Article 329 of the Criminal Act (Overallly thief and Selection of Imprisonment)

1. The proviso of Article 35 and the proviso of Article 42 of the Criminal Act among repeated crimes:

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