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(영문) 광주지방법원 2013.06.19 2013고단1851
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul East East District Court on September 15, 201 and completed the execution of the sentence on April 25, 2012, the Defendant: (a) was habitually a person with five times of criminal records; (b) had a tent covered by the victim D in Gwangju-gu, Seo-gu, Seoul, about April 4, 2013; (c) had a single prefabricated computer with one unit of more than 200,000 won at the market price, which is the victim’s possession; and (d) had stolen another’s property over five times, such as the statement Nos. 1, 3, 4, 5, 9 and the statement Nos. 2, 6, and 8, and invaded another’s property at night; and (d) had intruded another’s property at night, and had then excavated another’s property, such as the victim D’s property at night.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of F, G, and H;

1. Written statements of I, J, D, K, L, and M;

1. Previous convictions in judgment: Criminal records and investigation reports (verification of the date on which the term of punishment expires);

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 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 330 of the Criminal Act concerning the crime;

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

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