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(영문) 인천지방법원 2013.05.15 2013고합246
특정범죄가중처벌등에관한법률위반(절도)
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A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On August 23, 2006, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at Seoul High Court on July 31, 2008, one year and six months, and three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Incheon District Court on July 31, 2008, and on April 2, 2010 at the same court on April 2, 2010, and completed the execution of the final sentence on February 13, 2013.

【Criminal Facts】

On April 10, 2013, at around 03:00, the Defendant entered the victim C's open door, which was parked in the 553-5-dong, Seo-gu, Seo-gu, Incheon, Seo-gu, through the opening door door of the victim C's D cab, and collected KRW 30,000, the cash possessed by the victim who was kept in custody of the knife between the driver's seat and the knife.

At around 03:50 on the same day, the Defendant: (a) opened and entered the string of the Fpoter Cargo Vehicles owned by the Victim E, which was parked at the 4-dong parking lot of 146-10, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, by using the strings prepared in advance at the 4-dong parking lot; and (b) taken 25,000 won in cash owned by the victim.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E, G, and C;

1. Photographs and spare photographs of each suspect;

1. Previous records: Criminal history records, etc. inquiry reports and certificates of confinement;

1. Habituality: The application of statutes to the effect that the defendant has been punished several times due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and repeatedly commits the crime of this case of the same kind within the short time after release from the facility;

1. Article 5-4 (6) and (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 (6) and (1) of the Act on the Aggravated Punishment

1. From among repeated crimes, Article 35 and the proviso to Article 42 of the Criminal Act:

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