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(영문) 대전지방법원 논산지원 2016.08.09 2016고단298
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[criminal history] On November 20, 2009, the Defendant was sentenced to imprisonment for one year and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court’s support in the Daejeon District Court. On December 13, 2011, the Defendant was sentenced to three years for the same crime at the Daejeon District Court’s Daejeon District Court. On August 18, 2015, the Defendant was sentenced to eight months for a crime of intrusion into night buildings, larceny, etc. at the inn of the Suwon District Court, and the execution of the sentence was completed at the inn prison on January 7, 2016.

[Criminal facts]

1. On March 24, 2016, the Defendant: (a) discovered that the victim E was given a window on the side of the driver’s seat of the FF freight vehicle parked at the same location in the Doro-si, YA around 14:01 on March 24, 2016; and (b) opened a door to the driver’s seat and 3.50,000 won, a cash owned by the victim, which was located adjacent to the Handback.

2. The Defendant committed the crime of June 14, 2016 discovered that, around 08:50 on June 14, 2016, the 170,000 won in cash is not corrected by the victim H, and that, at G, the victim H does not correct the door of the Irocketing car parked therein, the Defendant opened a door of the driver’s seat and opened it into the said car and received it.

As a result, the theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of H and E;

1. As a result of inquiries into convict DNA personal information, sending a response to requests for appraisal, and the results of DNA identification data search;

1. A damaged vehicle and photograph of the scene of crime;

1. Previous convictions: Application of the Acts and subordinate statutes to refer to inquiries, such as criminal history, and report on investigation (Attachment, such as a copy of the previous judgment);

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime as prescribed in the corresponding Act;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, Article 50, and the proviso of Article 42 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommended punishment] The basic area (2 to 4 years) of the basic area of habitual and repeated crimes (2 to 4 years) (a person who is subject to special sentencing] (a decision of sentence].

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