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(영문) 인천지방법원 부천지원 2013.03.13 2013고단187
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On July 14, 200, the Defendant was sentenced to the suspended sentence of six months for larceny; two years from the suspended sentence of six months for larceny at the Daegu District Court on October 12, 2000; three years from the suspended sentence of eight months for imprisonment for a night room in the Daegu District Court on December 23, 2003; three million won from the Daegu District Court Kimcheon Branch on April 6, 2005 to a fine of three million won for larceny; two years from the suspended sentence of eight months from the Incheon District Court on January 31, 2008 to the punishment of larceny; one year and six months from the Incheon District Court on October 20, to the punishment of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny); and one year and six months from the Incheon District Court on October 20, 2010 to the final prison on March 9, 2012.

The defendant had a mind to steal the property in the vehicle in which the driver's number of freight cars opened a vehicle door.

On August 9, 2012, at around 12:50 on August 12:50, 2012, the Defendant: (a) committed a theft with cash of KRW 3.2 million owned by the victim in shopping bags in a place where the victim E opened the door of a vehicle; and (b) committed a theft with a total of KRW 7,571,700,00 in total on seven occasions from around that time to January 23, 2013, as shown in the list of crimes committed in the attached list.

Accordingly, the defendant habitually stolen or attempted the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement in F, E, G, H, I, J, and K Preparation;

1. Previous records: Criminal records, results of confinement of prisoners, investigation reports (former records, court rulings and current status of personal identification and confinement);

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

1. Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-4(1) of the Criminal Act concerning criminal facts and the choice of punishment.

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