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(영문) 광주지방법원 2014.06.20 2014고합146
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On October 106, 2006, the Defendant was sentenced to two years of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in resident support at the Daegu District Court, and two years and six months of imprisonment due to a special robbery at the Daegu District Court on March 12, 2010. On April 28, 2010, the Defendant was sentenced to ten months of imprisonment due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Daegu District Court on May 10, 2013.

On February 21, 2014, the Defendant: (a) cut off the victim’s property habitually by taking out one lock of cash 1.60,000 won in the victim’s possession of the victim, which was located in a D high water dormitory located in Gwangju Mine District (hereinafter “D high water dormitory”); (b) 206:00 Gwangju Mine District; and (c) 1.60,000 won in cash in the victim’s possession.

Summary of Evidence

1. Any statement made by the defendant in compliance with this Act;

1. Statement made in compliance with the statement of E prepared by the assistant judicial police officer;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), attachment of copies of the judgment, and reporting on the date of release;

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 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 (the grounds for discretionary mitigation) of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment for three years to twenty-five years; and

2. Application of the sentencing guidelines [Determination of the type of punishment] Class 1 (General Habitual Larceny) (Special Habitual Larceny) of the Act on the Aggravated Punishment, etc. of Specific Crimes from March to June, 200.

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