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(영문) 대전지방법원 2011.02.18 2011고단116
특정범죄가중처벌등에관한법률위반(절도)
Text

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

Reasons

Punishment of the crime

On September 3, 2004, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Chuncheon District Court on January 13, 2006, and was sentenced to ten months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on March 27, 2009 by the Daejeon District Court on March 27, 2009, and was sentenced to ten months of imprisonment for a crime of larceny in the Daejeon District Court on September 2, 2009.

1. On December 31, 2010, the Defendant 22:30 on December 31, 2010, while drinking alcohol in the “E dan” operated by the victim D in Daejeon-gu, Daejeon-gu, the Defendant: (a) sent tobacco to the victim while drinking alcohol; (b) sent the heart to the victim; and (c) 2, 10,000 won paper paper paper paper papers 2, 10,000 won paper papers 2, 10,000 won paper paper papers 20,000 won paper paper paper 20,000 won paper paper paper 3, 3, 1, 1, 1, 1, 1, 5, including lot department stores (5,00 won paper paper 1,00 won) and 6,100,000 won paper 5, etc.

2. On January 1, 201, at around 00:30 on January 1, 201, the Defendant drinking alcohol at the “H main store operated by the victim G in Daejeon-gu, Daejeon-gu, and sent tobacco to the victim, and then taken KRW 50,000 in total from the victim’s bood bood bood 1,100 won, and 250,000 in total from the victim’s bood bood bood bood bood 20,000.

Accordingly, the defendant habitually stolen the victims' property (the total amount of KRW 860,000).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and D;

1. Photographs;

1. Previous convictions in judgment: Criminal records and investigation reports (verification of the attachment of the judgment and the facts of release from the court);

1. Habituality of judgment: Application of the 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. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act (Selection of Imprisonment with Labor).

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