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(영문) 청주지방법원 충주지원 2015.04.10 2014고단499
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

The Cheongju District Court Nos. 4 through 8, 17 through 19, Cheongju District Court.

Reasons

Punishment of the crime

The defendant is sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the District Court on June 10, 2010 and two years for the same year.

9.2. On April 28, 2012, the judgment became final and conclusive and conclusive, two times of the same record, including the completion of the enforcement of the sentence in the previous correctional institution.

The Defendant, together with C, intruded with C, cut electric wires, and conspired to divide profits from the sale of electric wires and then divide them into profits.

Accordingly, at around 02:00 on May 16, 2013, the Defendant cut off approximately KRW 1500,000,000 from the victim E’s electric wires owned by the victim E at the construction site of the Namyang-si, and then stolen them by means of loading them on the Lone Star car and loading them into the Lone Star car, and then attempted to steals or steals others’ goods by the same method four times from around that time to July 2013 as shown in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and C by the prosecution;

1. A written statement of F, E, and G preparation;

1. Each protocol and list of seizure;

1. Each photograph;

1. Request for appraisal and reply; and

1. Each report and investigation report;

1. Previous convictions in judgment: Criminal records and investigation reports (verification of convicts and reports accompanied by written judgments);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, the number of crimes, the frequency of crimes, and the fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

1. Articles 32, 331 (2) and (1), and 342 of the Criminal Act applicable to the facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is that the Defendant has already been punished for the same kind of crime, and the execution of the sentence has not yet been completed, and thus, the Defendant committed the instant crime and did not make efforts to recover from damage even though the degree of damage is serious.

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