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(영문) 광주지방법원 2020.01.17 2019고합497
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 September 18, 2014, the Defendant was sentenced to imprisonment for one year and six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court (after the commencement of a retrial on the said judgment, one year and six months have been sentenced to imprisonment with prison labor for habitual larceny in the same court on July 23, 2015) and on June 30, 2016 at the same court, one year and eight months have been sentenced to imprisonment with prison labor for habitual larceny, etc. and on November 14, 2018, the execution of the sentence was terminated on November 19, 2019.

【Criminal Facts】

1. At around 02:10 on November 22, 2019, the Defendant: (a) opened a driver’s seat in front of C, which is located in C, the victim D, who was parked therein, and colored the inside of the vehicle, but did not discover the property to be stolen; (b) failed to perform such intent.

2. On the same day, the Defendant continued to look at the inside of the I, Ha, the victim H owned by the victim, who was parked in the G, G in the B, the Ha, the Ha, at around 02:15, the same day, and did not bring about an attempted attempt due to correction.

Accordingly, the defendant was sentenced to punishment twice or more due to habitual larceny, and tried to habitually larceny during the period of repeated crime and attempted to commit it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to J;

1. A photograph of a CCTV video-recording;

1. Previous records of judgment: Criminal records, reply reports, copies of judgment, personal confinement status, copies of judgment, etc.; and significant facts to this court;

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

1. Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and Articles 342 and 329 of the Criminal Act.

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