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(영문) 전주지방법원 2016.05.27 2016고합30
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant was sentenced to three years to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jeonju District Court on September 10, 2008, and on May 2, 2012, the Jeonju District Court was sentenced to three years and six months for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at Eup branch of the Jeonju District Court on May 2, 2012 and completed the execution of the sentence at the Jeonju prison on June 26, 2015.

(Criminal facts) On February 23, 2016, the Defendant: (a) held soup Doese Doese C located in Yasan-si, Yasan-si, Yasan-si on February 23, 2016; and (b) held 460,000 won in cash on the part of the victim E in his possession.

In addition, a total of KRW 6,580,000,000, in total, from that time to March 14, 2016, including theft, shall be taken out in 16 times in total by the following methods, such as entry in the list of offenses in the attached Form.

In other words, they stolen them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of E, G, H, I, J, K, L, M, N,O, P, Q, R and S;

1. Police seizure records and list of seizure;

1. Reports on each occurrence, reports on internal investigation, reports on the results of field identification, reports on the occurrence of larceny, and reports on the occurrence of larceny;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, and each investigation report (A), confirmation of the expiration of the latest term of punishment of the suspect, attachment of the same criminal record and a copy of the written 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. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime ( comprehensively including Article 5-4 of the same Act);

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

1. The scope of punishment by imprisonment: Three years to fifty years; and

2. As the Act on the Aggravated Punishment, etc. of Specific Crimes was amended by Act No. 13717 on January 6, 2016, the constituent elements and statutory penalty under Article 5-4(6) of the same Act were modified, the former specific crime aggravated punishment, etc.

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