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(영문) 대전지방법원 2014.04.25 2014고단683
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:00 to 07:00 on February 19, 2014, despite the expiration of the domestic period of stay on February 23, 2010, the Defendant: (a) intruded into the “E” restaurant operated by the victim D, located in Sejong Special Self-Governing City, through the toilet windows not corrected in Sejong Special Self-Governing City; and (b) stolen cash of KRW 300,000 from the victim’s wall on which he was located in the carter; and (c) habitually attempted to steals or steals the victims’ property worth KRW 578,000 in total on 16 occasions from January 10, 2014 to February 19, 2014, as indicated in the attached list of crimes.

Summary of Evidence

1. The Defendant’s assertion to the effect that “Habituality” shall be determined by the court, while fully recognizing the Defendant’s partial statement in the court.

1. The police statement of F with respect to each statement of F;

1. Habituality: Application of Acts and subordinate statutes recognizing dampness in light of the number of offenses committed in the judgment, the number of offenses committed in the same kind, and the fact that the same kind of offenses are repeated several times for a reasonable

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 of the Criminal Act, and Article 342 of the Criminal Act concerning the crime.

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act of the suspended sentence [Scope of recommending punishment] : thief crime group, habitual repeated crime larceny (type 1), basic area, two-year imprisonment or four years (whether suspended sentence is suspended] Main reasons for concurrent crimes and not recovery from damage: The main reasons for such concurrent crimes and not recovery from damage: The living type crime, the general witness who has no record of criminal punishment: the minor amount of damage, the absence of criminal records for the suspended sentence, the serious reflect (decision on the suspended sentence) imprisonment with prison labor for one year and six months, and the suspended sentence for two years;

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