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(영문) 대전지방법원 홍성지원 2015.06.18 2015재고합5
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On June 24, 2009, the Defendant was sentenced to one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daejeon District Court's red support on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the sentence in the official prison on October 26, 2010, and on April 1, 201, the Defendant was sentenced to imprisonment with prison labor for the same crime in the same court on April 1, 201, and was sentenced to one year and six months in the same court on August 28, 2012 and was in more than four times the same criminal history

On December 20, 2012, the Defendant discovered a fire hydrant managed by the victim Boban Fire Fighting Station, installed in such area, and removed two lids of the fire hydrant amounting to KRW 36,000 in the market price with the tools possessed in advance.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Records of seizure and the list of seizure;

1. On-site CCTV photographs;

1. Previous convictions in judgment: Criminal records, investigation reports (before judgment and attachment of judgment), and investigation reports (Binding of judgment documents);

1. Habitualness: In light of the above evidence, the defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. at the Jeonju District Court on June 26, 2006, in addition to the first head of the judgment, and the two years of suspension of the execution of imprisonment with prison labor for larceny, etc. at the Jeonju District Court on January 11, 2007; on November 28, 2007, from Hongsung Branch Branch of the Daejeon District Court on November 28, 2007, with prison labor for larceny; and on April 17, 2008, six months of imprisonment with prison labor for special larceny, etc. at the Hongsung Branch Branch of the Daejeon District Court on April 17, 2008. Such criminal records, the number of crimes, and the number of crimes committed repeatedly by the defendant, which are similar to the crimes in this case; and the same kind of crimes committed repeatedly at four months after the defendant was released.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the crimes;

1. The Criminal Act among repeated crimes;

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