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(영문) 광주지방법원 2013.08.27 2013고단3301
특정범죄가중처벌등에관한법률위반(절도)
Text

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

One cuter (No. 37) seized shall be confiscated.

Reasons

Punishment of the crime

[Criminal Justice] On October 28, 2000, the defendant sent juvenile protection case to the Gwangju District Public Prosecutor's Office as attempted larceny; on December 28, 2000, the transfer of juvenile protection case from the Gwangju Public Prosecutor's Office as night-time intrusion larceny; on January 18, 2001, the transfer of juvenile protection case to the Gwangju Public Prosecutor's Office as attempted larceny; on July 19, 2002, the Gwangju District Public Prosecutor's Office issued a disposition of sending juvenile protection case to the violation of the Act on Aggravated Punishment, etc. of Specific Crimes (Larceny).

【Criminal Facts】

On January 17, 2013, at around 15:00, the Defendant discovered bicycles owned by the victim D, which are integrated into a starting device in front stairs of 104, 904, Dong-gu, Gwangju Metropolitan City, with a view to a railing system, and kept two bicycle wheelss equivalent to the total market value of 100,000,000.

From that time to July 7, 2013, the Defendant had 11,210,00 won in total, as shown in the list of crimes in attached Form 17 times.

Accordingly, the defendant habitually stolen the victims' property.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D, E, F, G, H, I, J, K, L, M, N,O, P, Q, R, and T;

1. Records of crimes: Inquiry reports and investigation reports, such as criminal records, etc. (Attachment to accident investigation reports);

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

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of the fact that part of the damaged goods has been returned to the victim, etc.);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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