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(영문) 광주지방법원 2018.09.07 2018고합299
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to imprisonment with prison labor and six months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Western District Court on January 26, 2005, and was sentenced to imprisonment with prison labor for the same crime at the Seoul Northern District Court on November 16, 2007, and was sentenced to one year and six months for the same crime at the Seoul Western District Court on April 21, 2010, and was sentenced to one year and six months for the same crime at the Seoul Western District Court on April 21, 201, and the execution of the sentence was terminated on August 19, 2016 by the Seoul Western District Court on May 28, 2017.

[2] On June 21, 2018, at around 11:59, the Defendant: (a) opened a window that had not been set up in the house of the victim D located in Gwangju North-gu, Gwangju-gu; (b) opened, opened, opened, and cut out a swine wird with cash 100,000 won owned by the victim, which was kept in the small room; and (c) cut off one gold 200,000 won in cash owned by the victim on the ground that he continued to be inside, and one gold wird with the victim’s market price cannot be identified at the finger bank.

As a result, the defendant was sentenced to two or more penalties due to larceny, etc., and habitually commits larceny within three years after the execution of the sentence is completed.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A CCTV image closure photograph;

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, written judgments, and written acceptances by individuals;

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 repeated crimes of the same kind in the judgment;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The assertion and determination by the defendant and his defense counsel under Articles 53 and 55(1)3 of the Criminal Act (the following circumstances considered as favorable among the reasons for sentencing)

1. The alleged defendant did not steals 18k gold booms (3 money) from the victim's hand room.

2. Determination.

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