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(영문) 대전지방법원 2013.09.12 2013고합297
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On December 1, 2006, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Seoul Northern District Court on December 1, 2006, and on December 3, 2009, three years of imprisonment with prison labor for the same crime at the Seoul Central District Court on December 1, 201, and on October 1, 2012, the same criminal records are more than

On July 15, 2013, at around 20:15, the Defendant was found to be the victim D's house located in Daejeon Jung-gu Daejeon, Daejeon, and the victim was found to have been deprived of the locks installed in the house in his/her house with his/her hand, destroyed and damaged, intruded into the house, and followed the erogate from the inside and outside of the house.

Accordingly, the defendant habitually attempted to steal the victim's property and attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Field photographs, etc.;

1. Previous records before and after judgments: Criminal records, references to criminal records, each investigation report (report accompanied by a copy of each judgment), and the number and confinement conditions of each individual;

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

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 342 and 331 (1) of the Criminal Act, the choice of imprisonment for a limited term of imprisonment for the crime;

2. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

3. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing).

1. The scope of applicable sentences: Imprisonment for a period of three years to twenty-five years;

2. Application of the sentencing guidelines [Determination of types] : Type 1 of habitual repeated larceny (general repeated larceny) (the scope of recommending punishment] ; imprisonment for 3 years to 6 years (the upper limit and lower limit of the scope of sentence shall be increased by 1.5 times since it falls under Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, since the basic area and the specific crime fall under Article

3. Determination of sentence: A theft in spite of the fact that the defendant in three years and six months of imprisonment had been already punished several times for the same crime;

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