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(영문) 인천지방법원 2020.09.17 2020고단6531

특정범죄가중처벌등에관한법률위반(절도)

Text

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

Reasons

Punishment of the crime

Criminal power is sentenced to imprisonment with prison labor for habitual larceny at the Incheon District Court on March 26, 2015, and one year and six months have been sentenced to imprisonment with prison labor at the Incheon District Court on January 13, 2017, and two years have been sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Incheon District Court on January 13, 2017, and one year has been sentenced to imprisonment with prison labor at the Incheon District Court on June 20, 2019.

Criminal facts

On July 5, 2020, at around 22:30, the Defendant confirmed that the business was terminated through a free door at a “D” restaurant operated by the victim C in Seo-gu Incheon Metropolitan City, and stolen, with approximately KRW 20,000,000,000,000 owned by the victim, who was in custody in the safe, by means of cutting down small-sized credit cooperatives kept in the calculating unit, putting the face into hand, putting in hand, and putting in hand, and then cutting down small-sized credit cooperatives kept in the calculating unit.

Accordingly, the defendant, who was sentenced to imprisonment not less than three times due to larceny, has intruded another's property during the period of repeated crime, and stolen another's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. On-site and CCTV photographs;

1. Application of Acts and subordinate statutes, such as criminal history records, inquiry reports, judgment, etc.;

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of recommending punishment according to the sentencing guidelines [Determination of types of punishment]; thief under the Specific Crimes Aggravated Punishment Act [Type 1] joint habitual and repeated larceny [Scope of recommending areas and recommending punishment]; and one year to six years from six months of imprisonment;

2. Determination of sentence: Imprisonment with prison labor for a year and six months;