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(영문) 대전지방법원 2016.07.05 2016재고단5 (1)
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 record] The defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jung-gu District Court on September 3, 2004, and on January 13, 2006, the defendant was sentenced to imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Chuncheon District Court on January 13, 2006, and was sentenced to imprisonment with prison labor for a year and six months, and on March 27, 2009, sentenced to imprisonment with prison labor for a crime of larceny for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and on September 2, 2009, the defendant was sentenced to ten months from imprisonment with prison labor for

[Criminal facts]

1. On December 31, 2010, the Defendant: (a) sent tobacco to the victim while drinking alcohol at “E danran” operated by the victim D on December 22 and 30, 2010; (b) sent tobacco to the victim who was under the victim’s seat; (c) KRW 50,000, 200, 20, 200, 3, 3, 3, 100, 100, 100, 61,000,000, 6,000,000,000,000, in total, from the wall of the victim’s seat under the victim’s seat; and (d) 5,000,000,000,000,000,000,000, in total, of the market price of 6,100,000,000,00

They have come to her.

2. On January 1, 201, the Defendant, at around 00:30 on January 1, 201, 201, 250 won in the sum of 250,000 won from the victim’s ground cover 1, 10,000 won cover cover 20,000 won cover from the victim’s ground cover located at the middle-gu, Daejeon, Daejeon, by “H main store” operated by the victim G, who drinks alcoholic beverages to the victim, and sent a fluor, to the victim.

They have come to her.

Accordingly, the defendant habitually stolen the victims' property (total amount of KRW 860,000).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. Photographs;

1. Previous convictions: Inquiry into criminal history and investigation reports (the attachment of judgment and confirmation of the fact of release, etc.);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crime has been committed in a planned and organized manner;

1. Relevant Articles 332 and 329 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes is more than 35.

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