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(영문) 광주지방법원 2014.02.14 2013고단6374
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendants shall be punished by imprisonment for three years.

Seized evidence Nos. 18 through 20 shall be confiscated from Defendant A.

Reasons

Punishment of the crime

Defendant

A was sentenced to six months of imprisonment with prison labor for special larceny, etc. at the General Military Court at the Army on December 14, 2007 and one year of suspension of execution. On December 11, 2009, the Seoul Western District Court sentenced three years and six months of imprisonment with prison labor for robbery, injury, etc. on March 11, 201, and completed the execution of the above punishment. Defendant B was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Seoul Western District Court on June 20, 2008 and completed the execution of the above punishment on December 22, 2008. On December 11, 2009, the Seoul Western District Court sentenced the Defendant to three years and six months of imprisonment with prison labor for robbery and the above execution of the sentence on March 11, 2013, and the Defendants habitually reported the said sentence to the Seoul Western District Court on March 20, 2013 to the Seoul Western District Court on a theft of the victim’s No. Ga and the victim’s No.

Summary of Evidence

1. Defendants’ legal statement

1. Each prosecutor's interrogation protocol concerning F;

1. Statement of the police officer to H, I, and J;

1. Written statements of K, L, M, N,O, P, Q, E, R and S;

1. Existing defenses of subparagraph 2 (two shoulders) of seized evidence;

1. Previous convictions in judgment: Criminal records and current status of personal identification and confinement;

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 fact that the same kind of crimes are repeated several times in a planned and organized manner in the judgment;

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 331 (2) and (1) of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

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

1. Article 48 (1) 1 (Defendant A) of the Criminal Act to be confiscated;

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