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(영문) 광주지방법원 2017.12.15 2017고합453
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2] On May 25, 1998, the Defendant was sentenced to imprisonment with prison labor for 10 months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon Franchising Board, and on March 14, 2001 at the same court on March 17, 2004 for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. at the same court on March 17, 2004; and on July 27, 2007, the Defendant was sentenced to imprisonment with prison labor for 3 years and 6 months for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the same court on May 25, 201, and was sentenced to imprisonment with prison labor for 3 years and 6 months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Gwangju District Court on March 27, 2015.

[Criminal facts] On October 14, 2017, the Defendant confirmed that the victim D, who was parked in Gwangju Seo-gu, for about 01:45 on October 14, 2017, was set up in the top of the E-Map Motor Vehicle of the victim D, and opened a top door of the above vehicle that was not set up in the victim's crebs without the victim, and opened a set of the above vehicle and opened a set of a card with approximately KRW 500,000,000,000 for the victim's possession.

As a result, the defendant was sentenced to punishment twice or more due to larceny, and subsequently stolen the victim's property again within three years after the execution of punishment is terminated or exempted.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site and photographs of damaged articles;

1. Previous convictions: A and each written reply to inquiries, such as criminal history;

1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, methods of crime, and time interval, etc. with the crime of this case after the execution of punishment is completed;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 329 of the Criminal Act concerning the crime and Article 5-4 of the same Act concerning the selection of punishment;

1. Article 35 of the Criminal Act (Habitual larceny, the enforcement of which was completed on September 29, 2017) is to be applied to aggravated repeated crimes.

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