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(영문) 광주지방법원 2014.06.13 2014고합109
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On May 16, 2003, the Defendant was sentenced to 8 months of imprisonment with prison labor and 3 years of suspended sentence for larceny at the Gwangju District Court. On September 17, 2003, the Defendant was sentenced to 7 million won of a fine for larceny at the Gwangju District Court. On October 30, 2003, the Defendant was sentenced to 2 years of imprisonment with prison labor for a maximum of 1 year, 1 year and 6 months, and 150 thousand won of a fine for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny), etc. on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Gwangju District Court, and sentenced to 1 year and 6 months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Daegu District Court on October 28, 2010, and completed the execution of the sentence at the Daegu Prison on March 29, 2013.

On March 22, 2014, at around 23:30, the Defendant: (a) opened a cret in front of 18-1, a 903-gil, which had been parked in the street; (b) removed one of the victim D’s ckis per page, which had been in the custody of the said vehicle street, from which he attempted to steal or steals the total market value of KRW 1,530,500, total market value of the victims owned by the said victim four times from March 24, 2014, as shown in the annexed list of crimes, from March 24, 2014.

Accordingly, the defendant habitually stolen or attempted to steals property owned by the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Written statements of D, F and G;

1. Police seizure records;

1. Previous convictions in judgment: Criminal history records, inquiry reports (A) and investigation reports (verification of the date of release A of a suspect);

1. Habituality of judgment: Application of the 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 Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and the choice of punishment;

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