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(영문) 광주지방법원 순천지원 2013.11.06 2013고단1784
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 30, 2005, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Incheon District Court. On March 7, 2008, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court's Incheon District Court's Support for the Aggravated Punishment, etc., and on April 15, 2010, the Defendant was sentenced to two years and six months of imprisonment with prison labor for larceny, etc. at the Gwangju District Court's Gwangju District Court, and completed the execution of the sentence in the

Criminal facts

On May 4, 2013, at around 07:00, the Defendant: (a) cut off one of approximately KRW 4 million in the market price owned by the victim B, where the Defendant parked in a cret in a storage room located in the docheon-si, Macam X (PCX) 125 Oroba while sticking to another vehicle’s key.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A report on investigation (the sequence 14 of evidence list);

1. The police seizure record and the list of seizure;

1. Previous convictions in judgment: Criminal records, investigation reports, attachment of judgments, and application of Acts and subordinate statutes concerning the current status of personal confinement;

1. Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-4 (5) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., that the defendant is against his/her will and the damaged goods have been recovered and the victim does not want the punishment of the defendant);

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