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(영문) 대구지방법원 상주지원 2013.07.16 2013고단217
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On October 4, 200, the Seoul Central District Court received juvenile protective disposition on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) from the Seoul Central District Court on thief on 4, 2000, more than 3 times the decision to transfer the

At around 13:00 on May 3, 2013, the Defendant joined the victim E, who was living in Gyeonggi-gun, Gyeonggi-do, Gyeonggi-do on May 3, 2013, and was living in the same birth, and went to open a visit and opened it as a measure. The Defendant attempted to habitually steals or steals the victims’ property on five occasions a total amount of five occasions until the 18th day of the same month, but did not find any stolen objects.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, H, E, and I;

1. Criminal records: Investigation report on criminal records, etc. and copies of decisions;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the power, method, frequency, etc. of each crime;

1. Relevant Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 331 (2) and 342 of the Criminal Act, and the choice of limited imprisonment for a crime;

1. Mitigation of discretionary power under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration to the extent of damage and taking into account the fact that the defendant does not have any same power for the latest ten years);

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that there is no criminal history exceeding the fine against the defendant in addition to the above circumstances, the depth of detention for a considerable period of

1. It is reasonable to form a sound work consciousness in light of the age, career, criminal records, etc. of the accused under Article 62-2 of the Criminal Act;

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