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(영문) 청주지방법원 영동지원 2013.05.16 2013고단41
특정범죄가중처벌등에관한법률위반(절도)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On March 22, 2006, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. in the Changwon District Court's Seoul District Court's Seoul District Court's branch on August 14, 2008, ten months of imprisonment with prison labor for attempted larceny, etc. in the Daegu District Court's Daegu District Court's and its branch court on February 16, 2012, and one year of imprisonment with prison labor for larceny, etc. was terminated on December 20, 2012.

On March 21, 2013, around 14:50 on March 21, 2013, the Defendant opened a gate that was not corrected due to the victim D’s house located in the Chungcheongnam-gun, Chungcheongnam-gun, and intruded into that door, and opened up the gate that was inside the inside, and did not commit an attempted crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site photographs;

1. Previous records: Criminal records and other inquiry reports, investigation reports (Attachment to the same type of force rulings), and application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 319 (1) of the Criminal Act and Article 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of imprisonment), Article 5-4 (5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act (the point of larceny of repeated crimes committed by a person who has been committed not less

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

1. From among concurrent crimes, Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the scope of the proviso to Article 42 of the Criminal Act with heavy penalty provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. The reason for sentencing [the scope of punishment under law] for the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of punishment under a favorable condition among the reasons for sentencing] [the decision of punishment] from 1 year and 6 months to 25 years [the range of punishment] for ordinary repeated crimes among the theft crime groups [the scope of recommendation]] from 2 years to 4 years (the basic area] [the decision of sentence] for the defendant was punished as larceny several times, and thus, the defendant again commits the crime of this case and is punished as a repeated crime.

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