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(영문) 대전지방법원 2013.11.14 2013고합387
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On January 18, 2006, the Defendant was sentenced to one year for the crime of larceny in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Daegu District Court and its racing support. On December 21, 2007, the Defendant was sentenced to three years for the crime of larceny in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence in Daegu Prison on October 31, 2010. On December 26, 2011, the Defendant was sentenced to one year for the punishment in violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., at Daejeon District Court and its Daejeon Prison, and completed the execution on November 7, 2012.

On September 2, 2013, at around 04:0, the Defendant accessed the Victim C, who was under influence of alcohol at the bend in the bend in the bend in the Daejeon East-dong Daejeon Complex Terminal, Daejeon, the NAC, and 7,000 won in cash, respectively, were collected from the victim’s pointper, one driver’s license, one verification reflect on Hyundai Credit Card (20,000 won in a market price), and one verification reflect on Hyundai Credit Card, which is contained in one for the victim’s pointper.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. A photograph of each damaged article;

1. Previous convictions in judgment: Criminal records and investigation reports (reports prior to disposition, results confirmation reports, and confirmation reports on the date of release);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, and the repeated crimes of the same kind in the judgment;

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 crime;

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

3. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing).

1. The scope of applicable sentences: Imprisonment for a period of three years to twenty-five years;

2. Application of the sentencing guidelines [Determination of type] thief, type 1 (general repeated thief) of habitual thief (the scope of recommending punishment] imprisonment for three years to six years, and Act on the Aggravated Punishment, etc. of Specific Crimes.

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