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(영문) 광주지방법원 2013.03.20 2013고합49
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On February 26, 2004, the defendant was sentenced to imprisonment for 8 months with prison labor for larceny; 2 years from the suspension of the execution of imprisonment for 6 months with prison labor for night buildings; 3 years from the same court on May 3, 2006; 1 year and 6 months from the same court on April 11, 2007; and 2 years from the same court on January 8, 2009 to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. On May 24, 2011, the defendant was sentenced to imprisonment for 1 year and 8 months from the same court on November 21, 201 to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On February 5, 2013, at the Central Library of D University located in Gwangju Northern-gu, Gwangju, the Defendant stolen money and valuables worth KRW 27,850,850,000, in total twice in total, as indicated in the list of crimes in attached Table, from December 14, 2012 to February 5, 2013, one of whom is 10,000,000 won in cash owned by the said victim, No. 164,850, and one copy of the Gwangju Bank card, and one of which is 100,000,000 won in market price, from the date of the above victim’s household, where the victim’s E was suffering from a locked-place between the victims’ families, the Defendant habitually stolen money and valuables worth KRW 5,164,850,00.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of F, G, H, I, K, K, L, M, N, P, Q, R, E, S, T, U, V, W, X, andY;

1. Explanation of each CCTV photograph and case-related photograph;

1. Records of seizure and the list of seizure;

1. A report on investigation (not accompanied by a written statement of the victim's Z);

1. Previous convictions in judgment: Criminal records and investigation reports (attached report-A, such as case inquiry records, etc.);

1. Habituality of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the previous conviction in the judgment, the number of crimes and the frequency of crimes in the instant case, and the repeated crimes of the same kind;

1. Article 5-4 (1) and (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 329 and 330 of the Criminal Act concerning the crime (generality, choice of limited imprisonment)

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

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.

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