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(영문) 광주지방법원 해남지원 2015.07.02 2015재고단5
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On October 13, 2010, the Defendant sentenced the Seoul Southern District Court to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and completed the execution of the sentence on August 2, 2012.

At around 02:00 on April 8, 2014, the Defendant habitually opened a door that was not corrected by the victim D (E) at the gas storage front of the gas storage, and stolen cash amounting to KRW 1,250,000 in the vehicle at the driver’s seat receipt book from around 02:0 on April 8, 2014, the Defendant used or attempted to steal one gift certificate and resident registration certificate of KRW 6,847,70,260 in cash and one resident registration certificate of KRW 260,00 in the same manner as the list of crimes in the attached Table from around 02:0 on May 14, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Each statement of F, G, H, I, J, K, and L Preparation;

1. CCTV photographs (M apartment parking lots);

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Records before and after judgment: Criminal records, reply reports, and search results by users;

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

1. Relevant Articles of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the crime. Article 329 (Selection of Imprisonment or Imprisonment);

1. The reason for sentencing the proviso to Article 35 and the proviso to Article 42 of the Criminal Act, among repeated offenders, should be strictly punished in light of the fact that the defendant committed each of the instant offenses during the period of repeated crimes and continued to commit theft in the same manner as the previous criminal law, and that the defendant committed the instant offenses in the same manner as the previous criminal law: Provided, That the punishment as the disposition is determined in consideration of the fact that the defendant is deeply divided and reflected in his mistake and agreed with the victims confirmed, and that the defendant

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