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(영문) 대전지방법원 2017.11.03 2017고단3734
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 12, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court on February 12, 2009, and was sentenced to eight months in prison due to special larceny, etc. on June 10, 2016, and was released on November 21, 2016 during the trial of final appeal by the court of final appeal (the foregoing judgment became final and conclusive on December 23, 2016). On January 23, 2017, the Defendant was at the container office managed by the victim P, located in the Seoul Northern District Court of Seoul Northern District, the Defendant destroyed the entrance kick-do hand, and intruded into the container, and loaded 7,000,000 won in total at the market price owned by the victim during the storage.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A P statement;

1. On-site photographs and CCTV closure photographs;

1. Previous convictions: The application of inquiries about criminal history and investigation reports (the current status of personal confinement, previous convictions and attachment of judgment) and statutes;

1. Article 5-4 (5) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 331 (1) and Article 330 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. It is so decided as per Disposition for the reasons under Articles 53 and 55 (1) 3 or more of the Criminal Act for mitigation of amount;

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