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(영문) 청주지방법원 2016.08.12 2016고합123
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for three years.

One half of the seized round (No. 25) shall be confiscated.

Reasons

Punishment of the crime

[criminal record] On May 27, 2010, the Defendant was sentenced to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court on the Aggravated Punishment, etc. of Specific Crimes, and three years of imprisonment for the same crime at the same court on June 25, 2013, and completed the execution of the sentence at Daejeon Prison on April 28, 2016, and was sentenced to six times of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

[2] On June 17, 2016, around 03:44, the Defendant: (a) entered the said D, beyond the iron door, and went into the said D; and (b) forcedly opened the windows operated by the victim E by the victim E in his/her hand, and intruded into the stores, and carried them into the 719 pieces of tobacco equivalent to KRW 3,243,90 in the market price managed by the injured party; (c) five pieces of tobacco; and (d) KRW 3,322,090 in cash in the west, 78,190 in cash in the west.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. An investigation report (related to the change of the name of a crime and the attachment of field CCTV images CDs);

1. One CD for storage of on-site CCTV images;

1. Previous convictions in judgment: A criminal report (related to the latest date of release from office), references to inquiries, such as criminal history, and copies of the 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 Article 330 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes [Inasmuch as there exists a criminal record of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, for which the execution of punishment was completed on April 28, 2016]

1. Reasons for sentencing under Article 48(1)1 of the Criminal Act;

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

2. As the Act on the Aggravated Punishment, etc. of Specific Crimes was amended by Act No. 13717 on January 6, 2016, Article 5-4 of the same Act.

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