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(영문) 제주지방법원 2014.09.26 2014고단1068
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

One (No. 1), one (No. 1), one (No. 2, one (No. 2), one (No. 2).

Reasons

Punishment of the crime

【Criminal Power】 On October 28, 2008, the Defendant was issued a summary order of one million won as a fine for larceny at the Jeju District Court on October 28, 2008; the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for not less than two years from the Daejeon District Court on November 12, 2008 to the Jeju District Court on November 27, 2008; the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for not more than two years from the Daejeon District Court on September 20, 201 to the Jeju District Court on November 27, 2008 to the Jeju District Court on November 27, 2008; the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for not more than two years from the Seosan District Court on September 20, 201 to the Daejeon District Court on February 3, 2012 to the effect of the suspended sentence of imprisonment with prison labor for not more than two years from the Daejeon District Court on February 16, 2016.

【Criminal Facts” around 10:00 on June 24, 2014, the Defendant: (a) discovered E-taxies owned by the victim C, parked on the street prior to Jeju Island; and (b) opened a door to the front door of the vehicle that was not corrected by a crepit of surveillance over the surrounding area; and (c) stolen the vehicle with the victim’s cash KRW 10,000, USD 9, and USD 10.

Accordingly, the defendant habitually stolen the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. A written expert opinion and a seizure report;

1. Previous records of judgment: Criminal records, probationary records, previous records of dispositions, results of confirmation, and investigation reports (Attachment to the previous records of the same type and the judgment);

1. Habituality of judgment: Application of Acts and subordinate statutes that recognize dampness in light of the records of each crime, the frequency of crimes, the frequency of crimes, etc.;

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

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