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(영문) 수원지방법원 여주지원 2013.06.03 2013고단364
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On October 26, 1998, the defendant sentenced 2 years to be sentenced to the suspension of sentence for larceny in the Seoul District Court for 8 months; 10 months to be sentenced to imprisonment for night intrusion larceny in the same court on July 20, 198; 1 year to be sentenced to special larceny in the Seoul District Court's branch branch on July 14, 1992; 2 years to be sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul District Court on November 1, 1995; 2 years to be sentenced to imprisonment for a violation of the same crime at the Seoul District Court's Dong Branch on May 29, 1998; and 3 months to be sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul District Court's branch on November 7, 200; and 3 months to the Seoul Southern District Court on July 16, 2008.

At around 22:30 on February 11, 2013, the Defendant habitually destroyed the entrance door of the “E” office “E” office operated by Ischeon-si C victim D, and invaded into the office, and stolen a copy of the other person’s resident registration certificate, which had been affixed between the above book display and the book display, with approximately 200 copies of the other person’s resident registration certificate.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. On-site photographs;

1. A written appraisal;

1. Previous records of judgment: Inquiry reports, investigation reports (verification of the period of repeated crime of a suspect), investigation reports (reports attached to past punishment decisions, etc. by a suspect), and written judgments;

1. Habitualness of judgment: In light of the fact that the defendant had been punished several times due to larceny, etc. as before his/her judgment, even though he/she had committed the crime of this case repeatedly within the period of repeated crime, such habit may be recognized;

Application of Statutes

1. Relevant Articles of the Criminal Act and specific crimes as to the choice of punishment.

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