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(영문) 청주지방법원 2016.10.14 2016고합166
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Criminal Power] On June 19, 2007, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, at the Cheongju District Court on July 20, 201, and was sentenced to two years and six months of imprisonment with prison labor for the same crime at the Cheongju District Court on July 20, 201. On July 26, 2013, the Defendant completed the execution of the sentence in the official prison on May 28, 2016.

【Criminal Facts】

On July 22, 2016, between 03:00 and 04:00 on the same day, the Defendant: (a) opened a kitchen window operated by the victim D located in the Cheongju-si Office C; and (b) invaded into a cafeteria and stolen the cash owned by the victim of the Kauri-si; (c) 50,000 won in cash, which was owned by the victim of the Cheongju-si Office C.

Accordingly, the Defendant habitually stolen money and valuables worth KRW 2,789,000 in total from August 19, 2016 to May 54, 2016, including the aforementioned methods, from around 26 times, as indicated in the list of crimes committed by the Defendant, and committed double thefts.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on damage and each written statement;

1. An investigation report (in relation to additional damage);

1. Inquiries about details of transactions in out-of-door alliance CDs;

1. Previous records of judgment: Results of the inspection of prisoners, criminal records, references to criminal records, investigation reports (Binding a copy of the same criminal records), and copies 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. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329, 330 and 342 of the Criminal Act concerning the crime;

1. Grounds for sentencing under Article 35 of the Criminal Act among repeated crimes (based on the previous conviction of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which ends on May 28, 2016)

1. The scope of applicable sentences by law: Imprisonment for not less than three years nor more than 50 years; and

2. The Act on the Aggravated Punishment, etc. of Specific Crimes was amended by Act No. 13717 on January 6, 2016.

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