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(영문) 광주지방법원 2014.07.04 2014고합34
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for three years.

The seized pents (No. 1), dives (No. 2), knicks (No. 2), knife, etc.

Reasons

Punishment of the crime

On May 10, 2001, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Gwangju District Court, and 2 years of imprisonment with prison labor at the Gwangju District Court on June 1, 2004 for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on May 9, 2006, and was sentenced to 1 year and 6 months of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. of Specific Crimes, by the Seoul Northern District Court on May 9, 2006, and completed the execution of the sentence on August 13, 2009.

On January 29, 2014, at around 12:40, the Defendant opened the entrance of the building at the victim D's commercial building located in the Dong-gu Gwangju Metropolitan City, Gwangju Metropolitan City, and entered the commercial building with the second floor and stolen electric wires located in the measuring instruments. However, while cutting electric wires by using the gate, the Defendant was discovered to the victim who was residing in the third floor of the building and did not realize that intent.

As a result, the defendant was sentenced two or more times to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and again tried to steals the victim's property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Previous records: Criminal records and other inquiries, investigation reports (reports on the previous records, court rulings, and date of release from maturity);

1. Habitualness of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of crime, etc. as shown in the judgment;

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 342 and 329 of the Criminal Act concerning the crime;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of applicable sentences under law: Imprisonment for three years to twenty-five years; and

2. The sentencing criteria shall be based on; and

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