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(영문) 춘천지방법원 영월지원 2014.11.14 2014고단320
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Seized divers (No. 1) shall be confiscated.

Reasons

Punishment of the crime

On December 26, 2010, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in the Cheongju District Court Support for Jeju District Court on December 26, 2010 and completed the execution of the sentence in a female prison on April 6, 20

On February 26, 2014, the Defendant: (a) held a 29-day dynaber, which had been prepared to put the clothes of the victim E in a cresh; (b) took a brush by placing the 1250,000 won in cash in the victim’s possession; and (c) stolen the victim’s property at least 30 times in the same way from around that time to July 13, 2014, including a 1.255 million won in cash in the victim’s possession; and (d) a crush with a new card; and (e) stolen the victim’s property at least 30 times in the same way.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Each statement of E, H, I, K, K, M, M, N, P, Q, Q, R, T, U, V, W, X, Y, Z, AB, L, AC, AE, AE, K, K, AH, and AI;

1. Seizure records;

1. A investigation report (CCTV fix photographs);

1. Previous records of judgment: Criminal records and investigation reports (Attachment to past records, court rulings, etc.);

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Application of the sentencing guidelines (Scope of recommending punishment) : Habitual and repeated larceny, Type 1 (General Habitual Larceny) and the area of mitigation (one year and six months from June to three years) (special mitigation) ;

2. Determination of sentence (contributed circumstances) agreement with most victims (contributed circumstances).

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