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(영문) 서울북부지방법원 2010.10.15 2010고합260
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On May 14, 2004, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the Seoul Northern District Court on 1 year and 6 months, October 2005 at the Seoul Northern District Court on 23 June 2006 due to the crime of larceny, etc. at the Seoul Northern District Court on 1 year and 6 months, and May 8, 2008, and completed the execution of the sentence on 1 February 2010.

At around 23:50 on August 5, 2010, the Defendant was habitually parked in the Myeonc-dong 134-39 Mackdong 134-39 Mack-gu, Seoul, and was committing attempted crimes while opening the laexton car owned by the victim C and having stolen objects.

Summary of Evidence

1. Statement corresponding thereto in this court by the defendant;

1. Statement corresponding to the interrogation protocol of the accused prepared by the public prosecutor;

1. Statement corresponding to C written evidence prepared by the police officer C;

1. A written statement prepared in C which corresponds thereto;

1. Previous records of judgment: In inquiry report to the accused prepared by the police, report on the progress and confirmation of the preparation of the prosecution assistant report, investigation report (report attached to the A-related decision of the suspect), investigation report (report on the confirmation of the fact of releasing the A-related decision of the suspect), each statement corresponding thereto;

1. Habituality: In light of the fact that the defendant committed the same kind of crime again within the short period after being released from the prison due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and that the defendant repeatedly committed the same kind of crime after being released from the prison

Application of Statutes

1. Article 5-4(6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 329 of the Criminal Act, and choice of limited imprisonment.

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