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(영문) 인천지방법원 2013.06.13 2013고단2242
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal record] On December 5, 2003, the Defendant was sentenced to imprisonment with prison labor of 10 months, 2 years of probation, 3 million won at the Seoul Central District Court on June 9, 2005, and 1 year and 6 months of imprisonment with prison labor and 3 years of probation on April 13, 2006 at the Seoul Central District Court on April 13, 2006.

On May 13, 2009, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and three years of suspended sentence, and on March 11, 2010, the Incheon District Court was sentenced to one year and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Incheon District Court on March 11, 2010, and the said sentence became final and conclusive on March 19, 2010, and the said suspended sentence was invalidated on September 28, 2012 during the execution of each of the above sentence in the Navy Prison, but the said parole was revoked due to the violation of the requirements for probation and is being executed in the Incheon Detention House from April

【Criminal Facts】

From March 31, 2013 to 09:00 on March 31, 2013 during the parole period, the Defendant: (a) discovered a gallon 2 mobile phone set up by the victim E on the gallon of the above gallona in Dongjak-gu Seoul Metropolitan Government, and (b) stolen one mobile phone of the above 1,200,000 won at the market price owned by the victim by the neighboring people, using the gaps of surveillance negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. CCTV photographs;

1. Previous convictions: Criminal records, personal identification records, investigation reports, investigation reports (verification of invalidation of suspension of execution of sentence), investigation reports, investigation reports (verification of revocation of parole), investigation reports (written judgments of the same kind of suspect and confirmation of habituality);

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 crime was repeated in a short time;

1. Criminal facts;

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