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(영문) 대전지방법원 2013.09.05 2013고합284
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon District Court on August 27, 2008, and was sentenced to two years and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., on December 10, 2010, and was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc., of Specific Crimes at the Ansan District Court on February 25, 2013 and was sentenced to more than

【Criminal Facts】

On July 4, 2013, at around 15:10 on July 4, 2013, the Defendant: (a) placed a victim C, D, with a camera set up in front of the 3rd household goods store located in Daejeon Seosung-dong 669, and carried the display unit's goods in a cart; (b) KRW 40,000,000 in cash owned by the victim C; (c) one half of the market price of KRW 40,000,000 in the market price; (d) one handphone with three credit cards; and (e) one half of the market price of KRW 300,000 in the market price of KRW 40,000 in the market price of KRW 40,000 in the market price; and (e) one half of the handphone at the 400,000,000 in the market price.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. A copy of a photograph of damaged articles;

1. Previous convictions in judgment: A criminal investigation report (a copy, etc. of a written judgment) and the current status of confinement or reduction of each individual;

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

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 relevant criminal facts;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The scope of applicable sentences: Imprisonment for a period of three years to twenty-five years;

2. Application of the sentencing criteria [Determination of types] habitual larceny of the larceny.

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