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(영문) 전주지방법원 남원지원 2018.11.06 2018고단210
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal history] On February 17, 2009, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in support of the Southern District Court in the Jeonju District Court, and on May 22, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Gwangju District Court, and on April 8, 2015, was sentenced to one year of imprisonment with prison labor for habitual larceny and completed the execution of the sentence on October 31, 2015.

[2] On August 14, 2018, the Defendant entered a vinyl owned by the victim C in the former B’s Mash Chang-gun B on August 14, 2018, and stored approximately 80,000 won in a plastic bag, which was the victim’s possession, located on the floor of the location to make a speech, and then stolen the victim’s possession of approximately 1.5 million won in a plastic bag, and loaded it on the D’s vehicle in contact with the Defendant.

Accordingly, the Defendant, who was sentenced to imprisonment not less than three times due to larceny, stolen the property of the victim during the period of repeated crime.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. C’s statement;

1. A survey report on actual conditions;

1. On-site photographs and field inspection photographs;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, text of judgment, and the current status of personal expropriation;

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

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

1. Scope of applicable sentences under law: Two years to forty years; or

2. Application of the sentencing criteria [Determination of the type]: Two types of theft under the Specific Crimes Aggravated Punishment Act (Habitual Habitual Larceny) (Determination of the sphere of recommendation] (Determination of the sphere of recommendation]; and two years to four years; and

3. The Defendant, who was sentenced to criminal punishment, committed the instant crime without being aware of the fact that he had been punished several times due to the same type of larceny crime, and committed the instant crime without being aware of the fact that he had committed a repeated crime, such as the initial head of the crime indicated in the judgment.

The Defendant committed the instant crime.

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