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(영문) 대전지방법원 홍성지원 2013.08.14 2013고단453
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 18, 1986, the Defendant was sentenced to one year of imprisonment for night intrusion larceny in the Hongsung Branch of the Daejeon District Court. On November 8, 2001, the Defendant was sentenced to two years of imprisonment for larceny at the Seoul Central District Court to eight months. On January 31, 2002, the Defendant was sentenced to a summary order of KRW 500,000 as larceny.

On May 4, 2013, at around 23:57, the Defendant: (a) committed a theft of the victim’s property through a total of eight times from that time to June 19, 2013, by taking out 1 mast and 1 mast, in total, of the market value of the victim’s possession, located in the water tank adjacent to the restaurant building, from sunrise to sunrise; and (b) committed a theft of the victim’s property through a total of eight times, as indicated in the list of crimes, from that time to June 19, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, H, I, and J;

1. A photograph of each damage and on-site photograph;

1. Each protocol of seizure;

1. Each list of seizure;

1. Photographs photographs of each CCTV;

1. Each statement;

1. Each CCTV photograph CD;

1. Investigation reports (Reports on the confirmation of details of the damaged goods related to the Council);

1. Previous convictions in judgment: References to criminal records and investigation reports (Attachment to previous convictions and a copy of the judgment);

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 fact that the same kind of crimes are repeated several times in a planned manner;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 331 (1), 329, and 342 of the Criminal Act concerning the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Circumstances in which the following reasons for sentencing are described):

1. Article 62 (1) of the Criminal Act ( repeatedly considering factors, etc. describing the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act has already been punished by a fine, suspension of execution and imprisonment with prison labor for the same kind of larceny, etc. over three times.

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