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(영문) 대전지방법원 논산지원 2013.04.05 2012고단544
특정범죄가중처벌등에관한법률위반(절도)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2.Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 1, 2012, the Defendant: (a) supplied relics to Eart in the operation of the victim D in the U.S. on March 1, 2012; and (b) arranged a list of relics display place located therein; and (c) placed milk, chep, etc. in the physical speed by using a gap in the victim’s surveillance neglect; and (d) stolen relics owned by the victim with a market price of at least 17,400 won; and (c) committed the theft of relics owned by the victim from the above date and

9. Until January 1, 200, a victim-owned product was stolen by habitually committing a total of KRW 2,454,600 on a total of 109 occasions, such as the list of crimes in the annexed list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement and photograph of the police against D;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing the theft habits in light of the fact that the crimes of the same veterinary method are repeated in a relatively short period of time at least 100 times;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the relevant criminal facts and Article 5-4 (1) of the Act on the Aggravated Punishment, etc.

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of applicable sentences: Imprisonment for one year and six months to fifteen years;

2. Sentencing Criteria [Determination of Punishment] Group of thieves, Type 1 (General Habitual Larceny) of Habitual thieves (Scope of Recommendation Punishment): Imprisonment with prison labor for a year and six months to three years: No special weight of punishment is available;

3. Determination of sentence: Imprisonment with prison labor for one and half years; and

4. Whether to suspend the execution: Three years of the suspension of execution [main reasons for the suspension of execution]: There is no positive criminal record for the same kind of crime, the negative crime that is not punishable [general reasons for the suspension of execution]: The positive damage is relatively insignificant, there is no criminal record for the suspension of execution or more, and the serious reflective damage is relatively minor and agreed with the victim; and

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