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(영문) 광주지방법원 목포지원 2015.07.24 2015재고단10
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

In addition to the completion of the execution of the sentence on March 2, 2010, the Defendant was sentenced to one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, in a wooden branch of the Gwangju District Court on October 31, 2008, in addition to the completion of the execution of the sentence, the Defendant was sentenced to a fine of one million won for larceny in his branch of the Gwangju District Court on November 17, 2006, in his branch of the Gwangju District Court on June 11, 2007, in his branch of the Gwangju District Court on June 8, 2007, in his branch of the Gwangju District Court on August 17, 2007, and in his branch of the same court on August 17, 2007

On April 17, 2010, the Defendant opened a door of the E-Vehicle owned by the victim D and stolen cash KRW 600,000,000 in front of C 105, which was parked at the same time.

In addition, from September 10, 201 to September 10, 2010, the Defendant habitually stolen the sum of KRW 3,831,200 in the same manner eight times, such as the list of crimes in the attached Table, and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each statement of G, H, D, I, J, K, and L;

1. Records of seizure and photographs of seized articles;

1. Responses to a request for financial information, sales slips and CCTV photographs of suspects, on-site photographs, each field map, and photographs;

1. Previous records of judgment: Criminal records, investigation reports (Attachment to the previous judgment, etc.), three copies of the judgment, three copies of the summary order, and investigation reports (verification of the last day of punishment);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

1. Relevant provisions of the Criminal Act and Articles 332, 329 and 342 of the Criminal Act concerning the selection of criminal facts (generally and severally, choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes (Article 1, 2, 4, and 8 of the Criminal Act) is a seized article that is not wholly related to each of the larceny crimes of this case charged (only it is doubtful that the defendant was acquired by another larceny crime).

2.2

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