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(영문) 춘천지방법원 2014.08.21 2014고단500
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

【Criminal Power】 On May 1, 2013, the Defendant was issued a summary order of KRW 500,000 by the Chuncheon District Court as a fine for larceny, and on September 10, 2013, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Chuncheon District Court on September 10, 2013, and is still under the suspended sentence.

【Habitually, around 04:00 on March 4, 2014, the Defendant: (a) opened an unCorrectioned back door and intruded therein; (b) discovered the books installed therein; and (c) stolen the books from February 17, 2014 to May 25, 2014, in aggregate amounting to KRW 2,61,000, market price of eight times, as shown in the attached list of crimes, from February 17 to May 25, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, F, G, and H;

1. Each written statement of I, J, K, and L;

1. A theft scene photograph;

1. Photographs of each place of crime;

1. Photographs of damaged articles;

1. Previous records: A statement of inquiry, a statement of inquiry, and a report accompanied by written judgments;

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, Articles 329 and 330 of the Criminal Act, the choice of limited imprisonment for a crime, and the choice of a sentence;

1. Reasons for sentencing [the scope of recommending punishment] [the scope of punishment]] the basic area (2 to 4 years) of types 1 (general and repeated larceny) (2 to 4 years) of habitual and repeated larceny] under Articles 53 and 55(1)3 (3) of the Criminal Act for discretionary mitigation [the decision of sentencing] [the decision of sentencing] the defendant expressed his/her intention of reflectness while committing the instant crime, and some of the circumstances include the fact that the defendant expressed his/her intention of reflectness, but there are criminal records of the same kind at least twice.

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