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(영문) 청주지방법원 2015.09.22 2015재고단32
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 February 12, 2009, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for larceny, etc., and on April 15, 2009, the Defendant was sentenced to a fine of KRW 3 million to a fine of KRW 3 million for larceny. On September 18, 2009, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for 4 months for larceny, etc. at the Changwon District Court’s Tong Branch Branch Branch of the Changwon District Court on September 18, 2009. On December 16, 2009, the Defendant was sentenced to imprisonment with prison labor for 1 year and 6 months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Changwon District Court’s Tong Branch Branch of the Busan District Court on August 30, 201 and completed the execution of the sentence on March 22, 2012.

On March 25, 2012, around 05:04, the Defendant: (a) within E located in Chuncheon City D, the victim F, who was set up one cell phone owned by the victim, was locked by leaving the victim’s gallusular phone in the side; and (b) the Defendant stolen the said cell phone with one cell phone located there.

In addition, from that to April 6, 2012, the Defendant habitually stolen the mobile phone owned by the victims over 12 times as shown in the attached Table 1 of the Crimes List.

Summary of Evidence

[Judgment of the court below]

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning B and Z;

1. Each police statement to J and K;

1. A report on damage from L;

1. Each statement of M, N,O, P, Q, R, S, T, U, and V;

1. Each protocol of seizure and the list of seizure;

1. Report on occurrence (Nos. 17 of evidence lists), report on occurrence (thieves Nos. 25) (Before marketing);

1. The application of Acts and subordinate statutes that recognize the habition of larceny in light of the criminal records (Evidence No. 53), copies of summary order, copies of each written judgment, each written judgment, judgment, and the current status of personal identification [Habitualness] as indicated in the judgment, and the records of each crime, the number of crimes, the frequency of crimes, and the same kind of crimes committed in a planned and repeated manner

1. Articles 332 and 329 of the Criminal Act by universal title with respect to the relevant criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act, among repeated crimes, the defendant and his defense counsel are barriers due to a failure of the defendant to commit a crime.

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