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(영문) 대전지방법원 홍성지원 2013.04.04 2013고합9
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On June 24, 2009, the Defendant was sentenced to one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court's red support on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence in the official prison on October 26, 2010, and on April 1, 201, the Defendant was sentenced to imprisonment with prison labor for the same crime in the same court on April 1, 201, and was sentenced to one year and six months on August 28, 201 to four times in addition to the completion of the execution of the sentence in the official prison

On December 20, 2012, the Defendant discovered a fire hydrant managed by the victim Boban Fire Fighting Station, installed at this site, and removed two lids of the amount equivalent to 36,000 won at the market price with the tools in advance possessed, in front of the D market E in Boban City, 07:00.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Police seizure records;

1. Each photograph;

1. Previous convictions in judgment: Criminal records, investigation reports (before judgment and attachment of judgment), and investigation reports (Binding of judgment documents);

1. Habitualness: In light of the above evidence, the defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Jeonju District Court on June 26, 2006, in addition to the first head of the judgment, and the two years of suspension of the execution of imprisonment with prison labor for larceny, etc. at the Jeonju District Court on January 11, 2007; on November 28, 2007, from Hongsung Branch Branch of the Daejeon District Court on November 28, 2007, with prison labor for larceny; and on April 17, 2008, six months of imprisonment with prison labor for special larceny, etc. at the Hongsung Branch Branch of the Daejeon District Court on April 17, 2008. Such criminal records, the number of crimes, and the number of crimes committed repeatedly by the defendant, which are similar to the crimes in this case; and the same kind of crimes committed repeatedly at four months after the defendant was released.

Application of Statutes

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

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