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(영문) 광주지방법원 목포지원 2019.10.24 2019고합84
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Two sirens seized (No. 3) shall be confiscated.

Reasons

Punishment of the crime

[criminal power] On August 12, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual special larceny, etc. at the Gwangju District Court on March 31, 2017 and two years from the Gwangju District Court on March 31, 2017, and completed the execution of each of the above punishment on February 9, 2019.

【Criminal Facts】

From July 28, 2019 to July 28, 2019, the Defendant stolen the property worth KRW 1,390,000,000, in total six times, including a sum of six times from July 28, 2019 to July 28, 2019, by using a chille, which was installed on the “D” restaurant operated by the victim C, and then was removed from the window, which was installed on the window of the crime prevention room, and then infringed through the window.

Accordingly, the defendant was sentenced to punishment twice or more due to larceny, etc., and again stolen the victims' property within three years after the execution of the punishment was completed.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C, E, F, G, H, and I;

1. Records of seizure, the list of seizure and photographs of seized articles;

1. Each CCTV CD, CCTV editing photograph, and video CD;

1. All on-site photographs;

1. Previous records of judgment: Criminal history records, inquiry reports by individuals, status of acceptance by individuals, copies of judgment, etc.;

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 number of crimes, and the same kind of crimes committed several times within a short time;

1. Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 331 (1) and 330 of the Criminal Act concerning the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for mitigation of a small amount (the consideration in favor of the following reasons for sentencing):

1. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one year and six months to twenty-five years;

2. The sentencing criteria shall be based on; and

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