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(영문) 대전지방법원 논산지원 2013.04.23 2013고단58
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal power] On July 15, 1985, the Defendant was sentenced to 10 months of imprisonment with prison labor for night intrusion larceny at Seoul Southern District Court; on July 20, 1990, the Seoul Central District Court sentenced to 200,000 won of imprisonment with prison labor for larceny; on February 6, 1991, the Seoul Central District Court sentenced 10 months of imprisonment with prison labor for larceny, etc.; on June 9, 1992, the Seoul Central District Court sentenced 1 year and 6 months of imprisonment with prison labor for larceny, etc.; on June 12, 2003, the Defendant was sentenced to 3 months of suspension of the execution of imprisonment with prison labor for larceny, etc. from the Daejeon District Court Branch Branch of the Daejeon District Court on July 10, 2009, and completed the execution of the final sentence on May 28, 201.

【Criminal Facts】

around 13:00 on September 25, 2012, the Defendant intruded into the victim D’s house located in Seodaemun-si around 13:00, and cited and stolen one and a half of the half of the amount owned by the victim, 2,000 won, and one and half of the half of the amount. In addition, the Defendant attempted to steals the victim’s property over 10 times from the above date to March 6, 2013, or attempted to steals and attempted to steal the victim’s property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of the E, F, and G;

1. Each police statement of D, H, I, J, K, L, or M;

1. Each investigation report, reports on occurrence of accidents, and reports on results of field inspection;

1. Criminal records as stated in the judgment: Criminal records, investigation reports (verification of suspect A and repeated crime period), investigation reports (Attachment to judgment, etc.);

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing larceny in light of the fact that criminal records in the judgment and the crimes of the same method are repeated several times in a relatively short period;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 342 of the Criminal Act concerning the relevant criminal facts and Articles 5-4 (1) of the same Act concerning the selection of specific crimes;

1. The proviso of Article 35 and the proviso of Article 42 of the Criminal Act among repeated crimes;

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