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(영문) 춘천지방법원 2013.10.31 2013고단681
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On December 31, 2008, the Defendant was sentenced to two years and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Chuncheon District Court on November 19, 2010, and completed the execution of the sentence in the original prison on November 19, 2010, and the Defendant was punished seven times for the larceny crime.

【Criminal Facts】

At around 13:15 on July 2, 2013, the Defendant, within the “E-cafeteria” operated by the victim D in Hongcheon-gun, Hongcheon-gun, the Defendant: (a) cut off the cash of 440,000 won owned by the victim and 1,000 won in the market value of 1,000 won in total; (b) one cellular phone of 3,000,000 won in market value; and (c) one half of the half of the market value of 50,000 won in total; (d) three credit cards; and (e) one of the half of the market value of 1,50,000 won in the face of five passbooks.

Accordingly, the defendant habitually stolen another's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A photograph of damaged articles;

1. Previous records: Criminal history records and other inquiry reports and investigation reports (verification of the date of final release of the accused);

1. Habitualness: The defendant has been punished several times for a larceny-related crime, and has committed the same kind of crime repeatedly within the period of repeated crime after being released therefrom, and the application of Acts and subordinate statutes recognizing the habit of larceny in light of the applicable Acts and subordinate statutes to the larceny;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and the choice of limited imprisonment for a crime;

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

1. The reason for sentencing [decision of a sentence] under Articles 53 and 55(1)3(3) of the Criminal Act for discretionary mitigation [decision of a sentence] is the basic field of habitual and repeated larceny [decision of a recommending area] 2 to 4 years / [decision of a sentencing] under the basic field of habitual and repeated larceny [decision of a recommending area] / [decision of a sentence] / [decision of a sentence] indicates the defendant's intention of reflect while recognizing the crime of this case, restoration of damage, and deposit money for the victim.

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