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(영문) 전주지방법원 2016.07.07 2016고합47
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal record] On January 18, 2007, 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 the Daejeon District Court’s Support for the Daejeon District Court, and on September 11, 2009, the Defendant was sentenced to four years of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and two years and six months of imprisonment with prison labor for a military prison on October 21, 2015 and completed the execution of the sentence.

[Criminal facts] The Defendant habitually stolen another person's property twice as follows.

1. On March 15, 2016, at around 09:40, the Defendant: (a) opened a string door door at the victim D’s house located in Kim Jong-si, and opened a string door to that place; (b) went into the string door; and (c) cut off with two pigs c.50,000 won in cash, which were placed in the victim’s display room.

2. On March 30, 2016, the Defendant stolen the Defendant’s cash worth 137,000 won in the part of the victim F, in the center of the victim F, located in Go Chang-gun E before the morning, removed the toilet window from which the toilet window was removed, and intruded into the ward beyond its windows, and then cut off the Defendant’s clothes.

Accordingly, the Defendant was sentenced to a punishment more than twice due to habitual larceny, etc., and again stolen the victims' property within three years after the execution of the sentence was completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A statement prepared by the F;

1. Each photograph;

1. Previous convictions in judgment: References to inquiries, investigation reports (Attachment of a copy of the judgment of the same kind as the suspect A), personal identification and confinement status, investigation reports (verification of the order of execution of sentence A by the suspect);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of crimes, the number of crimes, the frequency of crimes, and the repeated crimes of the same kind in the judgment;

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

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

1. Article 53 of the Criminal Act for mitigation of amount;

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