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(영문) 광주지방법원 2013.07.03 2013고단2096
특정범죄가중처벌등에관한법률위반(절도)
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 22:00 on February 18, 2013, the Defendant discovered the E-W-W-W-C-owned vehicle owned by the victim D without correcting it on the front side of Gwangju Northern-gu, and opened a door and opened it into the container to drive one of the above vehicles owned by the victim, using auxiliary key in an amount equivalent to KRW 10,000,000, the market price of which is the victim's ownership. The Defendant used the vehicle as one of the above vehicles and one of the two vehicles installed within the said vehicle, all of which amounting to KRW 10,340,000, market price of KRW 10,000, market price of which is 10,340,000, from January 18, 2013, and the same year from January 18, 2013.

4. Until January 1, 200, all together, 11 times as shown in the annexed Table, stolen property worth KRW 40,613,50 in total, which was habitually stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Each statement of F, G, H, I, J, K, L, M and N;

1. Acceptance certificates;

1. Records of seizure and the list of seizure;

1. Report on investigation (requesting for appraisal by the National Institute of Scientific Investigation);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the method of crime, frequency of crime, and the fact that the same kind of crime continues to be repeated for a considerable period;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime (generality and choice of limited imprisonment);

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (Article 55(1)3 of the Criminal Act (Article 53 and Article 55(1)3 of the Criminal Act provides that the defendant's mistake is recognized and the defendant seems to have been given an opportunity to reflect during his/her prison life, a considerable number of damaged goods have been returned to the victims, the defendant has no criminal record exceeding a fine, and other various

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for discretionary mitigation repeated);

1. The order of probation and community service order for reasons under Article 62-2 (1) and (2) of the Criminal Act, and Article 59 of the Probation, etc. Act;

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