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(영문) 인천지방법원 2012.10.05 2012고합997
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[criminal power] On June 21, 1986, the defendant was sentenced to imprisonment for one year with prison labor for larceny at the Incheon District Court on 20 October 20, 1986, to imprisonment with prison labor for a maximum of 1 year and 10 months for larceny at the Seoul District Court on 16 June 1988, to imprisonment with prison labor for a maximum of 1 year and 1 year for a short of 1 year and 6 months at the Incheon District Court on 28 August 1990, to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Incheon District Court on 11 December 19, 1992, 2 years from imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul District Court on 19 January 204, 200, and 3 years from the Seoul District Court on 16th September 21, 2017.

【Criminal Facts】

On July 7, 2012, around 21:13, the Defendant found that the victim E was scisfing the shoulder of the shoulder, and accessed the victim’s back, and then cut off 1.2 million won in cash owned by the victim, 30 thousand won in educational gift rights, and 1.2 million won in the market price, which includes eight credit cards, such as slot cards, 1.2 million won in the market price.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Previous convictions in judgment: Criminal history records, investigation reports (Attachment to the same kind of judgment);

1. Habituality of the judgment: The dampness is recognized in light of the records of each crime, method of crime, and the fact that each crime was committed again within the short time after release from the court, etc. applicable to the statutes;

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts;

1. On December 21, 2007, the first head stated in the holding of Article 35 and the proviso of Article 42 of the Criminal Act among repeated offenders.

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