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(영문) 광주지방법원 2018.07.20 2018고합250
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2] On July 13, 200, the Defendant was sentenced to a suspended sentence of ten months for special larceny, etc. at the Gwangju District Court sentenced to a one-year imprisonment for larceny, etc. at the Gwangju District Court on April 10, 2002, sentenced to a one-year imprisonment for larceny, etc. at the Changwon District Court on November 24, 2004; on November 1, 2005, the Defendant was sentenced to a one-year imprisonment for larceny, etc. at the Changwon District Court Jinwon District Court on November 1, 2005; on February 15, 2007, the Defendant was sentenced to a two-year imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on April 15, 2009; and was sentenced to a two-year imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on March 24, 2012.

[2] On May 17, 2018, the Defendant: (a) around 23:45 on May 17, 2018, the Defendant: (b) opened a door of a victim E-owned vehicle that the victim D left the above convenience store and parked without correction; and (c) stolen the victim’s bank owned by the victim, including 120,000 won in cash and credit cards.

As a result, the Defendant was sentenced to imprisonment twice or more due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and habitually stolen another’s property within three years after the completion of the execution.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Previous convictions: Inquiry about criminal history, reporting on the results of confirmation of the previous convictions and dispositions, current status of personal confinement, and each 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. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime.

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