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(영문) 광주지방법원 2014.03.27 2013고합526
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[Criminal Power] On January 26, 2007, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court on March 23, 2010 and three years and six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Gwangju District Court on March 23, 2010, and on July 19, 2013, the Defendant had eight times of the same power among them.

【Criminal Facts】

On October 13, 2013, at around 11:00, the Defendant intruded into the door door door door of “E” operated by the victim D in Gwangju-dong-gu, Gwangju-gu, and opened the door door by hand, and entered the door door of the building to be a legal party inside the building, and cut off the cash of KRW 200,000, which was owned by the victim.

In addition, the Defendant habitually stolen or attempted to steals cash, gift certificates, etc. equivalent to KRW 2,320,000, a total of 12 times from September 8, 2013 to October 27 of the same year from around September 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of F, G, D, H, I, J, K, L, M, N,O, P, Q, and R;

1. Previous records of judgment: Results of the search of prisoners, criminal records, reply reports on criminal records, and investigation reports (report on the suspect A's previous records and binding of judgment);

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

1. Article 5-4 (6) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 319 of the Criminal Act concerning criminal facts, as well as Articles 5-4 (6) and (1) of the Act on the Aggravated Punishment,

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated crimes [the former part of the Act on the Aggravated Punishment, etc. of Specific Crimes, which was sentenced on March 23, 2010]

1. The argument of the defendant and his defense counsel regarding discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (a favorable circumstance among the reasons for sentencing below).

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